Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Cheatham v. ACH

United States District Court, D. Kansas

October 30, 2017

RYAN CHEATHAM, Plaintiff,
v.
ACH, et al., Defendants.

          MEMORANDUM AND ORDER

          CARLOS MURGUIA United States District Judge.

         Plaintiff Ryan Cheatham, a prisoner proceeding pro se, brought this action against several defendants. The court has dismissed Sheriff Dedeke and the Leavenworth County Sheriffs Department. Now, Melissa Wardrop and Advanced Correctional Healthcare “ACH” remain in the case as defendants. Plaintiff generally claims that defendants ignored his mental health needs, violating the Eighth Amendment. According to plaintiff, defendants' actions led to plaintiff attempting to commit suicide. The case is before the court on a number of motions:

• plaintiffs motion for summary judgment or for partial summary judgment (Doc. 97);
• defendants' motion for summary judgment (Doc. 99);
• plaintiffs motion for leave to file affidavit (Doc. 123);
• defendants' motion for summary judgment on exhaustion (Doc. 125);
• plaintiffs motion to reconsider the dismissal of Sheriff Dedeke (Doc. 129);
• defendants' motion to stay (Doc. 134);
• plaintiff's motion to compel (Doc. 136); and
• plaintiff's motion for leave to file supplemental motion to alter or amend and amend complaint (relating to Sheriff Dedeke) (Doc. 141).

         The court first takes up the two motions relating to defendants' motion for summary judgment on the merits (Docs. 99 and 123), and then the two motions relating to Sheriff Dedeke (Docs. 129 and 141). Based on the court's ruling on these four motions, the remaining motions are denied as moot.

         Motion for Summary Judgment and Motion for Leave to File Affidavit

         First, the court addresses defendants' motion for summary judgment and plaintiff's motion for leave to file an affidavit. Plaintiff seeks to supplement his response to defendants' summary judgment motion with an affidavit admitting or denying facts. Plaintiff attached his proposed affidavit to his motion. The court grants plaintiff leave to file the affidavit, deems it filed, and has considered it when ruling on defendants' motion. As for the summary judgment motion itself, the court rules as follows.

         I. ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.