Michael Jackson, a Hamilton County, Ohio jail prisoner, filed a civil rights suit pursuant to 42 U.S.C. § 1983 in federal district court. The suit alleged that Michelle Moore shot him in the chest with pepper bullets three times at point blank range while he was fully restrained. Jackson alleged the pepper bullets caused bruising and the chemical agent burned his chest. Defendants filed motions for summary judgment, to dismiss, for judgment on the pleadings and to stay discovery. The court held that only the issue of immunity from suit would stay discovery. This was only raised in the motion for summary judgment. However, Jackson's claims are sufficient to defeat a claim of qualified immunity at this stage of the proceedings. Therefore, the court denied the defendants' motion to the extent that they sought to assert a defense of qualified immunity or to stay discovery. The court also granted Jackson's motion to compel discovery in light of its rulings on defendants' motions.
See: Jackson v. Hamilton County, U.S.D.C. S.D. Ohio, No. 1:08cv203
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Jackson v. Hamilton County
|Cite||U.S.D.C. S.D. Ohio, No. 1:08cv203|