Opinion

Allen v. Bond

Court
District Court, W.D. North Carolina
Filed
Jun 3, 2024
Cited by
0 cases
Authority
More cited than 24.9%

The opinion

IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF NORTH CAROLINA

STATESVILLE DIVISION

CIVIL CASE NO. 5:22-cv-00134-MR

JOHNNIE D. ALLEN, )

)

Plaintiff, )

) MEMORANDUM OF

vs. ) DECISION AND ORDER

)

MONICA BOND, et al., )

)

Defendants. )

___________________________ )

THIS MATTER is before the Court on the Defendants’ Motion for

Summary Judgment [Doc. 47].

I. BACKGROUND

The Plaintiff Johnnie D. Allen filed this action pursuant to 42 U.S.C. §

1983 addressing incidents that allegedly occurred at the Alexander

Correctional Institution.1 The Plaintiff’s unverified Complaint [Doc. 1: Compl.]

passed initial review against Defendants Justin Harrold, Darren Daves,

Dylan Causby, Marcus Davis, Kaij Emig, Brad Williams, Jeffrey Clawson,

1 The Plaintiff filed this action in the United States District Court for the Eastern District of

North Carolina. The case was transferred to this Court where venue lies. He is presently

incarcerated at the Harnett Correctional Institution.

Montgomery Lowery, Kevin Roten, and Johnathan Madden2 for retaliation

and for violating his Eighth Amendment rights. [Doc. 13: Initial Rev. Compl].

The Plaintiff seeks injunctive relief, damages, and a jury trial. [Doc. 1: Compl.

at 11].

The Defendants filed a Motion for Summary Judgment. [Doc. 47: MSJ;

see Doc. 49: Defendants’ MSJ Exhibits]. Thereafter, the Court entered an

Order in accordance with Roseboro v. Garrison, 528 F.2d 309 (4th Cir.

1975), advising Plaintiff of the requirements for filing a response to the

summary judgment motion and of the manner in which evidence could be

submitted to the Court. [Doc. 51: Roseboro Order]. The Plaintiff has not

responded, and the time to do so has expired. This matter is ripe for

disposition.

II. STANDARD OF REVIEW

Summary judgment shall be granted “if the movant shows that there is

no genuine dispute as to any material fact and the movant is entitled to

judgment as a matter of law.” Fed. R. Civ. P. 56(a). A factual dispute is

genuine “if the evidence is such that a reasonable jury could return a verdict

for the nonmoving party.” Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248

2 The Plaintiff did not identify Defendants Clawson, Lowery, Roten, and Madden by name

in the Complaint. These Defendants are referred to as John Doe Correctional Officers 1

through 4 in the Order on initial review of the Complaint. [See Doc. 13].

(1986). A fact is material only if it might affect the outcome of the suit under

governing law. Id.

The movant has the “initial responsibility of informing the district court

of the basis for its motion, and identifying those portions of the pleadings,

depositions, answers to interrogatories, and admissions on file, together with

the affidavits, if any, which it believes demonstrate the absence of a genuine

issue of material fact.” Celotex Corp. v. Catrett, 477 U.S. 317, 323 (1986)

(internal citations omitted).

Once this initial burden is met, the burden shifts to the nonmoving

party. The nonmoving party “must set forth specific facts showing that there

is a genuine issue for trial.” Id. at 322 n.3. The nonmoving party may not

rely upon mere allegations or denials of allegations in his pleadings to defeat

a motion for summary judgment. Id. at 324. Rather, the nonmoving party

must oppose a proper summary judgment motion with citation to

“depositions, documents, electronically stored information, affidavits or

declarations, stipulations …, admissions, interrogatory answers, or other

materials” in the record. See id.; Fed. R. Civ. P. 56(c)(1)(a). Namely, the

nonmoving party must present sufficient evidence from which “a reasonable

jury could return a verdict for the nonmoving party.” Anderson, 477 U.S. at

248. To that end, only evidence admissible at trial may be considered by the

Court on summary judgment. Kennedy v. Joy Technologies, Inc., 269 F.

App’x 302, 308 (4th Cir. 2008) (citation omitted).

When ruling on a summary judgment motion, a court must view the

evidence and any inferences from the evidence in the light most favorable to

the nonmoving party. Anderson, 477 U.S. at 255. Facts, however, “must be

viewed in the light most favorable to the nonmoving party only if there is a

‘genuine’ dispute as to those facts.” Scott v. Harris, 550 U.S. 372, 380, 127

S.Ct. 1769, 1776 (2007). As the Supreme Court has emphasized,

“[w]hen the moving party has carried its burden under

Rule 56(c), the opponent must do more than simply

show there is some metaphysical doubt as to the

material facts …. Where the record taken as a whole

could not lead a rational trier of fact to find for the

nonmoving party, there is no ‘genuine issue for trial.’”

Matsushita Elec. Industrial Co. v. Zenith Radio Corp.,

475 U.S. 574, 586-87, 106 S. Ct. 1348 (1986)

(footnote omitted). “[T]he mere existence of some

alleged factual dispute between the parties will not

defeat an otherwise properly supported motion for

summary judgment; the requirement is that there be

no genuine issue of material fact.” Anderson v.

Liberty Lobby, Inc., 477 U.S. 242, 247-28, 106 S. Ct.

2505 (1986). When opposing parties tell two

different stories, one of which is blatantly

contradicted by the record, so that no reasonable jury

could believe it, a court should not adopt that version

of the facts for purposes of ruling on a motion for

summary judgment.

Scott, 550 U.S. at 380.

III. FACTUAL BACKGROUND

The following is a summary of the relevant portions of the undisputed

forecast of evidence.3

On June 23, 2022, the Plaintiff was holding his food trap door open and

refused Sergeant Harrold’s orders to close it. [Doc. 49-16: Harrold Decl. at ¶

3]. Officer Davis retrieved a handheld camera to record the incident. [Id. at

¶ 5]. Sergeant Harrold then gave the Plaintiff three more orders to comply

and warned him that pepper spray would be used if he refused. [Id.]. The

Plaintiff continued to refuse and Harrold administered oleoresin capsicum

(OC) pepper spray towards the Plaintiff’s face to gain compliance, pursuant

to policy. [Id. at ¶ 6]. The Plaintiff removed his hand and the trap was

secured. [Id.]. It was not Harrold’s intention to harm the Plaintiff. [Id. at ¶

7]. Sergeant Harrold notified the officer in charge and medical personnel of

the incident. [Id. at ¶ 8].

On September 7, 2022, Sergeant Lowery observed the Plaintiff lying

on the bed in his cell, non-responsive, and called for assistance. [Doc. 49-

18: Lowery Decl. at ¶ 3]. Sergeant Emig came to the cell and called a Code

Blue. [Id. at ¶¶ 3-4; Doc. 49-14: Emig Decl. at ¶¶ 3-6]. When sufficient staff

3 Since Plaintiff’s Complaint is not verified, it cannot be considered on summary judgment

as a forecast of evidence.

had arrived, pursuant to policy, Sergeants Emig, Lowery, and Roten, Officer

Madden, and others entered the cell to determine the Plaintiff’s medical

condition. [Doc. 49-14: Emig Decl. at ¶ 7; Doc. 49-21: Roten Decl. at ¶ 4].

Officer Madden attempted to place a shield on the Plaintiff for safety,

pursuant to policy. [Doc. 49-14: Emig Decl. at ¶ 7; Doc. 49-21: Roten Decl.

at ¶ 4]. The Plaintiff immediately became combative and struck Madden’s

shoulder with a closed fist. [Doc. 49-14: Emig Decl. at ¶ 7; Doc. 49-21: Roten

Decl. at ¶ 4]. Lowery instructed staff to restrain the Plaintiff so that

mechanical restraints could be applied. [Doc. 49-14: Emig Decl. at ¶ 8]. The

Plaintiff continued to attempt to assault staff, despite being ordered to stop.

[Id.; Doc. 49-21: Roten Decl. at ¶ 4]. In accordance with policy, Case

Manager Williams used a closed fist to strike the Plaintiff’s common peroneal

nerve to stop Plaintiff from attempting to kick staff. [Doc. 49-22: Williams

Decl. at ¶ 6]. When the Plaintiff stopped resisting, he was placed in full

mechanical restraints and escorted away. [Doc. 49-14: Emig Decl. at ¶ 8;

Doc. 49-12: Clawson Decl. at ¶ 4; Doc. 49-17: Jonas Decl. at ¶ 3; Doc. 49-

21: Roten Decl. at ¶ 5; Doc. 49-22: Williams Decl. at ¶ 7]. When officers

attempted to place the Plaintiff in a wheelchair so that he could be taken for

a medical evaluation, the Plaintiff became irate, tried to stand up out of his

wheelchair, and lunged at staff. [Doc. 49-18: Lowery Decl. at ¶ 6; Doc. 49-

22: Williams Decl. at ¶ 8; Doc. 49-17: Jonas Decl. at ¶ 4; Doc. 49-20: Rohlfing

Decl. at ¶ 4]. Case Managers Rohlfing and Jonas4 assisted in controlling the

Plaintiff and escorted him to a medical room. [Doc. 49-17: Jonas Decl. at ¶

4; Doc. 49-20: Rohlfing Decl. at ¶ 4]. After the Plaintiff was assessed, he was

escorted to a cell without further incident. [Doc. 49-17: Jonas Decl. at ¶ 4;

Doc. 49-18: Lowery Decl. at ¶ 6; Doc. 49-20: Rohlfing Decl. at ¶ 5].

The Plaintiff refused all “step-downs” of his full mechanical restraints

until 10:45 p.m., at which time the restraints were removed. [Doc. 49-14:

Emig Decl. at ¶ 10; Doc. 49-7: MSJ Ex at 2 (Incident Report); Doc. 49-7: MSJ

Ex at 34 (mechanical restraint form)].

At the time of the September 7, 2022 incident, neither Emig, Lowery,

Roten, nor Williams was aware that the Plaintiff had recently made a

complaint to the warden. [Doc. 49-14: Emig Decl. at ¶ 14; Doc. 49-18:

Lowery Decl. at ¶ 7; Doc. 49-21: Roten Decl. at ¶ 6; Doc. 49-22: Williams

Decl. at ¶ 9]

Captain Daves was not in the immediate area of, and did not observe,

the incidents on June 23 or September 7, 2022. [Doc. 49-13: Daves Decl. at

¶¶ 3-4]. Dylan Causby heard about the June 23rd incident after the fact, but

4 Rohlfing and Jonas are not defendants in this case.

he did not observe it, and he no longer worked at Alexander CI in September

2022. [Doc. 49-11: Causby Decl. at ¶¶ 3, 5].

The Administrative Remedy Procedure (ARP) that applied at the

relevant times required an inmate to satisfy a three-step process in order to

fully exhaust a grievance. [Doc. 49-15: Grande Decl. at ¶¶ 5-6]. The final

step in the exhaustion process is a Step 3 Order issued by the Inmate

Grievance Resolution Board (IGRB). [Doc. 49-15: Grande Decl. at ¶ 9]. The

IGRB did not issue any Step 3 Orders for the Plaintiff between January 1,

2022 and March 29, 2023, meaning that the Plaintiff did not fully exhaust any

grievances during that time period. [Doc. 49-15: Grande Decl. at ¶¶ 10-11].

The Defendants have submitted video files containing footage from the

relevant incidents. Video footage from the housing wing on June 23, 2022

depicts the following [MSJ Ex 1]:

4:54:10 The trap door to Plaintiff’s cell is visibly open.

4:55:02 Officers respond to the cell door.

4:55:42 The trap door is closed.

4:59:05 Additional officers arrive and appear to converse with

the Plaintiff through the door.

5:07:49 A nurse arrives and appears to address the Plaintiff

through the door.

5:07:57 The nurse leaves, and an officer remains stationed

outside the cell door until the video ends at 5:10:05.

Footage from a handheld camera on June 23, 2022 depicts the

following [MSJ Exhibit 2]:

0:00:00 An officer stands in front of Plaintiff’s cell door; the

Plaintiff’s hand is on top of a food tray, holding the

trap door open.

0:00:07 The officer unholsters his pepper spray and orders

Plaintiff to secure his trap.

0:00:09 The officer again orders Plaintiff to secure his trap or

pepper spray will be utilized.

0:00:15 The order and warning are repeated.

0:00:20 Pepper spray is administered through the trap.

0:00:24 The Plaintiff has turned away from the cell door and

his hand is no longer in the trap.

0:00:44 The officer closes and locks the trap door.

0:00:54 The officer reports on the radio that OC pepper spray

was used.

0:04:11 Additional officers arrive.

0:05:09 The Plaintiff is asked whether he is going to come out

and see medical; Plaintiff waves his hand, curses,

and says that pepper spray was unjustified.

The overhead video footage from the restrictive housing unit on

September 7, 2022 shows the following [MSJ Exhibit 8]:

11:05:46 An officer peers into the cell through the window.

11:06:36 The officer appears to speak into his radio.

11:07:38 A second officer arrives and looks through the cell

window.

11:08:06 The second officer appears to speak into his radio.

11:10:02 Staff begin to respond to the cell.

11:10:25 The cell door is opened with five officers present;

three officers enter.

11:10:31 The two remaining officers rush into the cell.

11:11:07 Additional staff continue to arrive.

11:14:14 Plaintiff is escorted out of the cell.

The handheld video camera footage from September 7, 2022 reflects

the following [MSJ Ex 9]:

0:00:01 The Plaintiff is standing in the hallway, surrounded by

officers, as restraints are applied.

0:00:15 The Plaintiff says that someone slammed their

weight and a shield on top of him.

0:01:02 The Plaintiff is escorted downstairs.

0:03:16 As additional restraints are applied, the Plaintiff jerks

and says “don’t touch me.”

0:03:50 The Plaintiff shouts about the incident and officers

repeatedly order him to calm down.

0:04:33 Officers attempt to place the Plaintiff in a wheelchair;

he jerks and tries to stand up.

0:04:35 The Plaintiff is placed into the wheelchair while

struggling and cursing; officers tell him to calm down.

0:05:27 The Plaintiff tells a nurse that officers beat on him.

0:05:49 The Plaintiff denies that he tried to assault staff.

0:10:20 The Plaintiff is taken to a room for medical evaluation

in a wheelchair.

0:12:01 The Plaintiff is evaluated by nurses.

0:13:07 A radio conversation can be heard with an officer

reporting that force was used.

0:16:30 The Plaintiff says that he woke up with five white men

beating on him.

0:17:53 The Plaintiff says that he has not eaten in 13 days.

0:18:00 The Plaintiff says “no more assessments …, no more

nothing,” and “f--- these restraints … I’ll die in these

m-----f---ers.”

0:20:22 The Plaintiff is escorted to a cell without further

incident.

IV. DISCUSSION

A. Exhaustion

The Prison Litigation Reform Act (PLRA) requires a prisoner to exhaust

his administrative remedies before filing a § 1983 action. 42 U.S.C. §

1997e(a). The PLRA provides, in pertinent part, that “[n]o action shall be

brought with respect to prison conditions under section 1983 of this title, or

any other Federal law, by a prisoner confined in any jail, prison, or other

correctional facility until such administrative remedies as are available are

exhausted.” Id. In Porter v. Nussle, the Supreme Court held that the PLRA’s

exhaustion requirement applies to all inmate suits about prison life. 534 U.S.

516, 532 (2002). The Court ruled that “exhaustion in cases covered by §

1997e(a) is now mandatory.” Id. at 524 (citation omitted). The Porter Court

stressed that, under the PLRA, exhaustion must take place before the

commencement of the civil action to further the efficient administration of

justice. Id.

In Woodford v. Ngo, the Supreme Court held that the PLRA exhaustion

requirement requires “proper” exhaustion: “Administrative law ... requir[es]

proper exhaustion of administrative remedies, which ‘means using all steps

that the agency holds out, and doing so properly (so that the agency

addresses the issues on the merits).’” 548 U.S. 81, 90 (2006) (quoting Pozo

v. McCaughtry, 286 F.3d 1022, 1024 (7th Cir. 2002)). Further, “[t]here is no

question that exhaustion is mandatory under the PLRA and that

unexhausted claims cannot be brought in court.” Jones v. Bock, 549 U.S.

199, 211 (2007) (citing Porter, 534 U.S. at 524). Because exhaustion of

administrative remedies is an affirmative defense, defendants have the

burden of pleading and proving lack of exhaustion. Id. at 216.

The North Carolina Department of Adult Corrections (NCDAC)5 has

established a three-step procedure governing submission and review of

inmate grievances in its Administrative Remedies Procedures (ARP). Moore

v. Bennette, 517 F.3d 717, 721 (4th Cir. 2008). Inmates are required to

“properly” exhaust administrative remedies in accordance with ARP.

Woodford, 548 U.S. at 90; Moore, 517 F.3d at 726. An inmate does not

exhaust his administrative remedies until he completes all three steps of the

ARP. Moore, 517 F.3d at 726.

A prison official has the burden to prove an inmate’s failure to exhaust

available administrative remedies. Jones, 549 U.S. at 216. Once a

defendant presents evidence of a failure to exhaust, the burden of proof

shifts to the inmate to show, by a preponderance of the evidence, either that

exhaustion occurred or that administrative remedies were unavailable.

Graham v. Gentry, 413 F. App’x 660, 663 (4th Cir. 2011).

The Defendants have forecast evidence that the Plaintiff failed to fully

exhaust the ARP with regards to the incidents of June 23 and September 7,

2022. The Plaintiff has failed to forecast evidence that he exhausted his

administrative remedies for those incidents, or that the ARP was not

5 Previously known as the North Carolina Department of Public Safety (NCDPS).

available to him. Accordingly, the Defendants’ Motion for Summary

Judgment will be granted on this ground.6

B. Merits

1. Excessive Force

The Eighth Amendment protects prisoners from inhumane methods of

punishment and from inhumane conditions of confinement. Williams v.

Benjamin, 77 F.3d 756, 761 (4th Cir. 1996). To establish an Eighth

Amendment claim, an inmate must satisfy both an objective component—

that the harm inflicted was sufficiently serious—and subjective component—

that the prison official acted with a sufficiently culpable state of mind.

Williams, 77 F.3d at 761. The Supreme Court has stated that “a prison official

cannot be found liable under the Eighth Amendment for denying an inmate

humane conditions of confinement unless the official knows of and

disregards an excessive risk to inmate health or safety.” Farmer v. Brennan,

511 U.S. 825, 837 (1994). “[T]he official must both be aware of facts from

which the inference could be drawn that a substantial risk of serious harm

exists, and he must also draw the inference.” Id. A plaintiff must also allege

6 Ordinarily, dismissal for failure to exhaust administrative remedies is without prejudice.

However, the Plaintiff has also failed to establish the existence of a genuine dispute of

material fact regarding the merit of his § 1983 claims as discussed infra. Therefore, the

dismissal of this case will be with prejudice.

“a serious or significant physical or emotional injury resulting from the

challenged conditions.” Strickler v. Waters, 989 F.2d 1375, 1381 (4th Cir.

1993). In adjudicating an excessive force claim, the Court must consider

such factors as the need for the use of force, the relationship between that

need and the amount of force used, the extent of the injury inflicted, and,

ultimately, whether the force was “applied in a good faith effort to maintain

or restore discipline, or maliciously and sadistically for the very purpose of

causing harm.” Whitley, 475 U.S. at 320-21.

The Fourth Circuit recognizes a cause of action for bystander liability

“premised on a law officer’s duty to uphold the law and protect the public

from illegal acts, regardless of who commits them.” Stevenson v. City of

Seat Pleasant, Md., 743 F.3d 411, 416-17 (4th Cir. 2014) (quoting Randall

v. Prince George’s Cnty., 302 F.3d 188, 203 (4th Cir. 2002)). A “bystander

officer” can be liable for his or her nonfeasance if he or she: “(1) knows that

a fellow officer is violating an individual’s constitutional rights; (2) has a

reasonable opportunity to prevent the harm; and (3) chooses not to act.”

Randall, 302 F.3d at 204.

The Plaintiff claims that on June 23, 2022, Defendant Harrold used

excessive force and Defendant Davis failed to intervene, and that on

September 7, 2022, officers Davis, Causby, Clawson, Lowery, Roten,

Madden, Williams and Emig used excessive force and/or failed to intervene,

then left the Plaintiff in full restraints for 12 hours. [Doc. 1: Complaint at 7,

9].

As to the June 23, 2022 incident, the forecast of undisputed evidence

demonstrates that Defendant Harrold used pepper spray to gain the

Plaintiff’s compliance after the Plaintiff failed to comply with multiple direct

orders and warnings that pepper spray would be used and that Harrold

sprayed the Plaintiff to gain compliance, and not to harm him. There is no

forecast of evidence that Harrold violated the Eighth Amendment or that

Davis failed to intervene in a violation of the Plaintiff’s rights.

As to the September 7, 2022 incident, the forecast of undisputed

evidence demonstrates that Defendants Madden, Emig, Lowery, Roten, and

Williams responded to a Code Blue; that when the Plaintiff became

combative, officers used reasonable force to restrain him and to prevent him

from assaulting staff; that the Plaintiff refused “step-downs” of his mechanical

restraints for 12 hours; and that the restraints were removed when the

Plaintiff’s refusals stopped. There is no forecast of evidence that Defendants

Davis, Causby, and Daves were present or involved in the September 7th

incidents. Further, the forecast of evidence demonstrates that the

Defendants who were involved did not violate the Eighth Amendment, nor

did they fail to intervene in a violation of the Plaintiff’s rights.

Accordingly, the Defendants’ Motion for Summary Judgment will be

granted on the Plaintiff’s Eighth Amendment claims.

2. Retaliation

An inmate has a clearly established First Amendment right to be free

from retaliation for filing lawsuits. See Booker v. S.C. Dep’t of Corrs., 855

F.3d 533, 540 (4th Cir. 2017); Thompson v. Commonwealth of Va., 878 F.3d

89, 110 (4th Cir. 2017). Inmates also have a protected First Amendment

right to complain to prison officials about prison conditions and improper

treatment by prison employees that affect them. See Patton v. Kimble, 717

Fed. App’x 271, 272 (4th Cir. 2018).

To state a colorable First Amendment retaliation claim, a plaintiff must

allege that (1) he engaged in protected First Amendment activity, (2) the

defendant took some action that adversely affected his First Amendment

rights, and (3) there was a causal relationship between his protected activity

and the defendant’s conduct. Martin v. Duffy, 977 F.3d 294, 299 (4th Cir.

2020) (quotation marks and citation omitted).

The Plaintiff alleges that The Defendants used excessive force on

September 7, 2022 in retaliation for Plaintiff having made complaints to the

warden around August 31, 2022. [Doc. 1: Compl. at 9].

The undisputed forecast of evidence demonstrates that none of the

Defendants violated the Plaintiff’s Eighth Amendment rights on September

7, 2022 as discussed in Section 1, supra. The Plaintiff has not forecast any

evidence that he complained to the Warden on August 31, 2022, or that any

Defendant took an adverse action against him in retaliation for the exercise

of his First Amendment rights. The forecast of evidence demonstrates that

Defendants Williams, Emig, Lowery, and Roten were not aware that the

Plaintiff had made a recent complaint to the warden, that all of the

Defendants responded reasonably to the Code Blue and to the Plaintiff’s

resistance, and that they used the minimal amount of force necessary to

achieve legitimate correctional objectives and to avoid being assaulted.

Accordingly, the Defendants’ Motion for Summary Judgment will be granted

on the Plaintiff’s retaliation claim.

C. Qualified Immunity

“Qualified immunity protects officers who commit constitutional

violations but who, in light of clearly established law, could reasonably

believe that their actions were lawful.” Henry v. Purnell, 652 F.3d 524, 531

(4th Cir. 2011) (en banc). “To determine whether an officer is entitled to

qualified immunity, the court must examine (1) whether the plaintiff has

demonstrated that the officer violated a constitutional right and (2) whether

that right was clearly established at the time of the alleged violation.” E.W.

ex rel. T.W. v. Dolgos, 884 F.3d 172, 178 (4th Cir. 2018) (internal quotation

marks omitted). The doctrine of qualified immunity “gives government

officials breathing room to make reasonable but mistaken judgments and

protects all but the plainly incompetent or those who knowingly violate the

law.” Smith v. Ray, 781 F.3d 95, 100 (4th Cir. 2015) (internal quotation marks

omitted).

Here, because the Plaintiff has not presented a forecast of evidence

that any Defendant violated his constitutional rights, the Defendants are

entitled to qualified immunity. As such, summary judgment for the

Defendants would also be proper on this ground.

IV. CONCLUSION

For the reasons stated herein, the Defendants’ Motion for Summary

Judgment is granted, and this action is dismissed with prejudice.

ORDER

IT IS, THEREFORE, ORDERED that the Defendants’ Motion

for Summary Judgment [Doc. 47] is GRANTED, and this action is

DISMISSED WITH PREJUDICE.

IT IS SO ORDERED.

Signed: June 3, 2024

Martifi Reidinger ee

Chief United States District Judge “AES

20

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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