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06-107 - Hayes v. Kingsport Police Department et al


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06-107 - Hayes v. Kingsport Police Department et al
June 5, 2007
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MEMORANDUM AND ORDER; the plaintiff's application to proceed in forma pauperis is GRANTED and he is ASSESSED the filing fee of three hundred and fifty dollars ($350). The Clerk is DIRECTED to mail a copy of this Order to the custodian of inmate trust accounts at the plaintiff's place of confinement and to George Little, the Commissioner of the Tennessee Department of Correction, to ensure compliance with the assessment procedures outlined herein. Because the Kingsport Police Department is not susceptible to suit, it is DISMISSED from this action. The plaintiff fails to state a claim against Officers Chambers and Hammonds and they are also DISMISSED from this lawsuit. The Clerk is DIRECTED to send the plaintiff service packets for defendants Ferguson and Crawford. The plaintiff is ORDERED to complete the service packets and return them within twenty (20) days. The defendants are ORDERED to respond to the plaintiff's pleadings in the manner and within the time required by the Federal Rules of Civil Procedure. The plaintiff is ORDERED to inform the Court of any address change within ten (10) days following such change. Signed by Judge J Ronnie Greer on 06/05/07. (KDO)
March 20, 2008
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MEMORANDUM OPINION ; the Court has viewed the evidence in the light most favorable to plaintiff and now finds there is no genuine issue of material fact as to the viability of his excessive-force claims at this time and that defendants are entitled to summary judgment as a matter of law. Therefore, their summary judgment motion will be GRANTED and this case DISMISSED, without prejudice to plaintiff's right to re-file if and when his state court conviction for resisting arrest has been invalidated. A seperate order will enter.Signed by District Judge J Ronnie Greer on 3/20/08. c/m(KDO)