KYNWULF

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During his time in segregation, Kynwulf alleges, Defendant Captain Geoffrey Duncan "Duncan" periodically called him to his office to threaten and berate him about his religion and litigation, and also informed him that Kynwulf was in segregation because of his lawsuits.

The Ásatrú Disorder | Sons of Odin,

Kynwulf has brought suit under 42 U. Defendants allege that RCI staff identified Kynwulf, Frazier, and Gibson as persons with names or nicknames similar to "Wolfman", and that they were consequently taken to segregation while the matter was being investigated.

However, they claim that Kynwulf was, during his stay in segregation, transferred to the infirmary. In his absence, the warden ordered the release from segregation of the three under investigation.

Due to an administrative error, this instruction was not sent to the infirmary. When Kynwulf left the infirmary, he was sent back to segregation rather than to his cell, and remained in segregation for three weeks until the error was discovered. In his Report and Recommendation, the Magistrate Judge set forth the legal standard under which motions for summary judgment are reviewed.

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He also stated that a plaintiff bringing an action under 42 U. He found that Defendant Duncan's alleged verbal harassment did not, as a matter of law, amount to an infringement of constitutional rights. The Magistrate Judge found further that Kynwulf had failed to present any evidence that the actions of Sheets and Sorrell in placing him in administrative segregation were motivated by Plaintiff's religion or his participation in litigation:.

Kynwulf has brought objections to the Report and Recommendation.

Chief amongst these is a reiteration of his argument against summary judgment that Defendants' story of an investigative search for "Wolfman" is implausible on its face. He argues that the "Wolfman" letter offered by Defendants clearly demonstrates that whoever Wolfman is, he is not an inmate, as he is asked in the letter to perform actions such as going to Wal-Mart to purchase gunpowder that are impossible for an inmate.

Kynwulf asserts also that Defendants have wrongly denied that Frazier is Astruar as well, and that Frazier has furthermore stated that he has never been known by the nickname "Wolf". The Magistrate Judge, confronted with these objections, correctly stated:. Kynwulf has not shown that Defendants' purported investigative efforts were so self-evidently ineffective or irrelevant that a genuine issue of material fact exists as to whether they were really attempting to locate "Wolfman" and get to the bottom of the matter.

This conclusion is not affected by the question of whether Frazier is an adherent of Asatru or not.

However, Defendants have claimed not that they lost Plaintiff in their system, but rather that instructions for him to be sent back from administrative segregation were not properly acted upon because Plaintiff was temporarily out of segregation in the infirmary when they arrived. As the Magistrate Judge correctly found, Plaintiff has presented no genuine issues of material fact to rebut Defendants' claims and evidentiary showing that Plaintiff, Frazier, and Gibson were detained as part of the "Wolfman" investigation and that Plaintiff's release from administrative segregation was erroneously delayed.

Plaintiff has offered in rebuttal only arguments that Defendants' story is implausible or that the Court should infer from the circumstances that the detention was related to Plaintiff's recent litigation hearing.

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To defeat a motion for summary judgment, however, he is obligated to provide evidence upon which the jury reasonably could find for the nonmoving party. See also Matsushita Elec.

District Court, S.D. Ohio

Defendants here are therefore entitled to summary judgment. Defendants are, as they have argued, permitted to interview witnesses in the absence of the opposing party.

Such interviews do not constitute or amount to witness depositions, because they do not involve recording testimony taken under oath. Or browse results titled:. Streaming and Download help. If you like kynwulf, you may also like:. Time Flies by Jim Lauderdale. The latest from Jim Lauderdale is a showcase for his heavily-detailed songwriting and soaring country melodies.

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