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14-345 - Taylor v. Thomas et al (INMATE 1)


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14-345 - Taylor v. Thomas et al (INMATE 1)
April 12, 2017
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RECOMMENDATION OF THE MAGISTRATE JUDGE that: 1. The plaintiffs claims for compensatory and punitive damages against the defendants in their individual capacities with respect to his claims arising under the Americans with Disabilities Act and the Rehabilitation Act be DISMISSED with prejudice as there is no individual liability under these statutes. 2. The plaintiffs claims for compensatory and punitive damages against the defendants in their individual capacities regarding his claims arising under the Eighth and Fourteenth Amendments be DISMISSED with prejudice as the defendants are entitled to qualified immunity on these claims. 3. The plaintiffs request for compensatory and punitive damages from the defendants in their official capacities as to his claims arising under the Americans with Disabilities Act and the Rehabilitation Act be DISMISSED without prejudice. 4. The plaintiffs request for declaratory and injunctive relief with respect to alleged violations of the Americans with Disabilities Act and the Rehabilitation Act be DISMISSED without prejudice. 5. The plaintiffs request for monetary damages from the defendants in their official capacities with respect to his Eighth and Fourteenth Amendment claims be DISMISSED with prejudice as the defendants are entitled to absolute immunity from such damages. 6. The plaintiffs request for declaratory and injunctive relief from the defendants in their official capacities as to the Eighth and Fourteenth Amendment claims be DISMISSED with prejudice as the defendants did not act in violation of the Constitution. 7. The defendants motion for summary judgment be GRANTED. 8. The costs of this proceeding be taxed against the plaintiff. 9. Judgment be entered in favor of the defendants. Objections to R&R due by 4/26/2017. Signed by Honorable Judge Charles S. Coody on 4/12/2017. (dmn, )
May 4, 2017
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ORDER that the 36 Recommendation of the Magistrate Judge is ADOPTED as further set out in the order. The defendants motion for summary judgment is GRANTED. The costs of this proceeding are taxed against the plaintiff. Judgment is GRANTED in favor of the defendants. Final Judgment will be entered in accordance with this order. Signed by Honorable Judge W. Harold Albritton, III on 5/4/2017. (dmn, )