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13-943 - Posey v. Thomas et al (INMATE 1)


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13-943 - Posey v. Thomas et al (INMATE 1)
September 23, 2014
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ORDER denying 1 Motion for Preliminary Injunction, as further set out. Signed by Chief Judge William Keith Watkins on 9/23/14. (scn, )
January 28, 2016
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RECOMMENDATION OF THE MAGISTRATE JUDGE: it is the RECOMMENDATION of the Magistrate Judge that: 1) Plf's request for injunctive relief be DENIED as moot or without merit; 2) Dfts' motion for summary judgment with respect to the claims for monetary damages lodged against them in their official capacities be GRANTED as all Dfts are entitled to absolute immunity from these claims; 2) The motion for summary judgment filed on behalf of Dfts Thomas, Albright, Napier, Riley, and Nunn in their individual capacities be GRANTED; 3) The motion for summary judgment filed on behalf of Dfts Harris and Hamilton with respect to Plf's Eighth Amendment excessive force and failure to protect claims and state law claims of assault, battery, and intentional infliction of emotional distress lodged against them in all aspects of their individual capacities be DENIED; 4) The motion for summary judgment filed on behalf of Dfts Harris and Hamilton regarding all claims contained in the complaint with the exception of Plf's Eighth Amendment excessive force and failure to protect claims and the state tort claims of assault, battery, and intentional infliction of emotional distress in their individual capacities be GRANTED; 5) This case be set for a set for a jury trial on Plf's excessive force, failure to protect, assault, battery, and intentional infliction of emotional distress claims against Dfts Harris and Hamilton in their individual capacities; Objections to R&R due by 2/11/2016. Signed by Honorable Judge Charles S. Coody on 1/28/2016. (wcl, )
February 24, 2016
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ORDERED that the 77 Recommendation of the Magistrate Judge is ADOPTED; further ORDERED that: 1) Plf's request for injunctive relief is DENIED as moot or without merit; 2) Dfts' motion for summary judgment with respect to the claims for monetary damages lodged against them in their official capacities is GRANTED as all Dfts are entitled to absolute immunity from these claims; 3) The motion for summary filed on behalf of Dfts Thomas, Albright, Napier, Riley, and Nunn in their individual capacities is GRANTED; 4) The motion for summary judgment filed on behalf of Dfts Harris and Hamilton with respect to Plf's Eighth Amendment excessive force and failure to protect claims and his state law claims of assault, battery, and intentional infliction of emotional distress lodged against Dfts Harris and Hamilton in their individual capacities is DENIED; 5) The motion for summary judgment filed on behalf of Dfts Harris and Hamilton regarding all claims contained in the complaint, with the exception of Plf's Eighth Amendment excessive force and failure to protect claims and the state tort claims of assault, battery, and intentional infliction of emotional distress, in their individual capacities is GRANTED; 6) By separate Order, this case shall be set for a jury trial on Plf's excessive force, failure to protect, assault, battery, and intentional infliction of emotional distress claims against Dfts Harris and Hamilton in their individual capacities. Signed by Chief Judge William Keith Watkins on 2/24/2016. (Attachments: # (1) Civil Appeals Checklist) (wcl, )