govinfo:USCOURTS-laed-2_23-cv-03054-2

ORDER AND REASONS: IT IS ORDERED that Defendants' 16 Motion for Summary Judgment that Plaintiff failed to exhaust his administrative remedies as to his first grievance is DENIED. IT IS FURTHER ORDERED that Defendants' Motion for Summary Judgment on Plaintiff's conditions of confinement claims against Sheriff Lopinto in his official capacity and Sergeant Rabb and Officer Smith in their individual capacities is DENIED. IT IS FURTHER ORDERED that Defendants Motion for Summary Judgment on Plaintiff's episodic acts claims against Sergeant Rabb, Officer Smith, and Sheriff Lopinto in their individual capacities and against Sheriff Lopinto in his official capacity is GRANTED. The 67 motion to issue subpoenas is denied without prejudice to Plaintiff refiling the motion closer to the trial date. Signed by Judge Susie Morgan on 6/22/2026. (pp)

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