Lucas v. Correctional Officer Liggins

3:25-cv-00237Ohsd13 nov. 2025

Texte intégral

ANGEL LUCAS
Plaintiff,
vs.
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION
CASE NO. 3:25-cv-237
JUDGE WALTER H. RICE
Magistrate Judge Karen L. Litkovitz
CORRECTIONALOFFICERLIGGINS, efa(.
Defendants.
DECISION AND ENTRY ADOPTING ORDER AND SUPPLEMENTAL REPORT AND
RECOMMENDATIONOF UNITEDSTATES MAGISTRATEJUDGE(DOC. NO. 18), THE
COURT NOTINGTHAT NO OBJECTIONSHAVE BEEN FILEDBY DEFENDANTWITHINTHE
TIME PERIODFIXEDBY LAW;JUDGMENTTO ULTIMATELYENTERIN ACCORDANCE
WITH ORDERANDSUPPLEMENTALREPORTAND RECOMMENDATIONSOF UNITED
STATESMAGISTRATEJUDGE
On October 6, 2025, the United States Magistrate Judge issued an Order and
Supplemental Report and Recommendation (Doc. No. 18). Although given notice of her
responsibility to object within fourteen days after being served with a copy of the Order and
Supplemental Report and Recommendation, Plaintiff has filed no objections thereto.
Accordingly, based upon a thorough review of this Court's file, the applicable law
and the reasoning and citations of authority set forth bythe Magistrate Judge in her Order
and Supplemental Report and Recommendation, this Cout ADOPTS same and, in so
doing:
1. The July 2025 Report and Recommendation is VACATED in part, and Plaintiff's
false conduct report claim regarding the March 2025 incident is DISMISSED.
Case: 3:25-cv-00237-WHR-KLL Doc #: 28 Filed: 11/13/25 Page: 1 of 3 PAGEID #: <pageID>
2. Officialcapacityclaims seeking monetary relief against Defendants is
DISMISSED, ADOPTING in part the July 2025 recommendation to also DISMISS such
claims against Defendant Liggins.
3. Plaintiff's claims against Defendant Dr. Ruiz IS DISMISSED, and Ruiz is
DISMISSEDas a defendant.
4. Plaintiff'sfailure to investigate claims against Defendants Boles and Ditto is
DISMISSED, and Boles and Ditto are DISMISSED as defendants.
5. Plaintiff's supervisor liability claim against Defendant Olds is DISMISSED, and
Olds is DISMISSEDas a defendant.
6. Plaintiff's conspiracyclaim against all Defendants is DISMISSED.
7. To the extent that Plaintiff seeks to raise an excessive force claim against
Defendant Liggins,same is DISMISSED.
In addition, the Court ORDERSas follows that:
1. Plaintiff's motions to amend (Docs. 13, 14, and 15) are GRANTED.
2. The CLERKOF COURT is DIRECTEDto file Plaintiff's initial Complaints (Docs. 7
and 8) and new allegations (Docs. 13-1, 14-1 (Signature Page), and 15) together as a single
document titled "First Amended Complaint" on the docket of this case.
3. Plaintiff may proceed at this juncture on her EighthAmendment failure to protect
claim for the March 2025 incident, her Fourteenth Amendment false conduct report and
due process claims for the June 2025 incident, and her First Amendment retaliation claim
against Defendant Liggins in her individual capacity, to the extent Plaintiff seeks monetary
Case: 3:25-cv-00237-WHR-KLL Doc #: 28 Filed: 11/13/25 Page: 2 of 3 PAGEID #: <pageID>
relief, and in her officialcapacity, to the extent Plaintiffseeks injunctive relief.
4. The United States Marshal shall serve a copy of the First Amended Complaint,
summons, the Order granting Plaintiff in forma pauperis status (Doc. 6), this Order and the
Supplemental Report and Recommendation upon Defendant as directed by Plaintiff. All
costs of service shall be advanced by the United States.
5. Plaintiffshall sen/e upon Defendantor, if appearance has been entered by
counsel, upon Defendant's attorney(s), a copy of every further pleading or other document
submitted for consideration by the Court. Plaintiff shall include with the original paper to
be filed with the Clerk of Court a certificate stating the date a true and correct copy of any
document was mailed to Defendant or Defendant's counsel. Any paper received by a
district judge or magistrate judge which has not been filed with the Clerk, or which fails to
include a certificate of service will be disregarded by the Court.
6. Plaintiff is reminded that she must keep this Court informed of her current
address and promptly file a Notice of New Address if she is released or transferred.
This matter is transferred to the United States Magistrate Judge for all further
proceedings up to but not including the phase of the litigation wherein counsel may wish to
file motions for summary judgement within the time period fixed by the previously filed
SchedulingOrder.
Date: t(<0-^$'
WALTERH. RICE
UNITED STATES DISTRICT JUDGE
Case: 3:25-cv-00237-WHR-KLL Doc #: 28 Filed: 11/13/25 Page: 3 of 3 PAGEID #: <pageID>

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