Capers v. Burke

MEMORANDUM AND ORDER

CAHILL, District Judge.

This matter is before the Court on defendants Pierce, Jackson, Murphy, Kyle, Bilyk, and Nowotny’s (the defendants’) motion for summary judgment; and defendant Burke’s separate motion for summary judgment. The Court will heretofore treat defendant Burke’s motion as a motion to dismiss.

William Capers, a federal prisoner in Ashland, Kentucky, commenced this action pursuant to 42 U.S.C. §§ 1983, 1985, 1986, and 1988, seeking damages for alleged constitutional misconduct on the part of the defendants. After careful consideration of all the evidence…