Davis v. Neal
2023 WL 5289445 (August 17, 2023)
Issues
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Nature Of The Case
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Facts
Ps, current and former inmates, allege Ds, the correctional officers at the prison, engaged in a pattern or practice of abuse that prison leadership-the warden and deputy warden-ratified and even encouraged. Ps filed an initial complaint against eight named Ds and additional John Does. Psfiled an amended complaint, joining new plaintiffs and defendants, on February 16, 2022. Ps filed a Second Amended Complaint that joins additional plaintiffs and defendants, plus it adds a new claim for retaliation for having filed this lawsuit. Ds filed a motion to dismiss the Complaint under Rules 8 and 12(b)(6). Ds move to sever Ps' remaining claims, arguing they fail the test contained in Federal Rule of Civil Procedure 20 for permissive joinder of claims.
Holding & Decision
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Legal Analysis
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