Council v. Sutton et al (INMATE 1)

Filing 33

ORDER, JUDGMENT and DECREE of the court that: 1. The defendants' 31 Objections to the 30 Recommendation of the Magistrate Judge filed on 6/19/2009 and the plaintiff's 32 Objections to the Recommendation of the Magistrate Judge filed o n 6/22/2009 are OVERRULED; 2. The 30 Recommendation of the Magistrate Judge entered on 6/8/2009 is ADOPTED; 3. The defendants' motion for summary judgment regarding the plaintiff's claims for monetary damages lodged against them in their official capacities is GRANTED as the defendants are entitled to absolute immunity for these claims. 4. The defendants' motion for summary judgment filed on behalf of Dave Sutton and Richard Moss with respect to the plaintiff's excessive fo rce claims presented against these defendants in the remaining aspects of their official capacities and in all aspects of their individual capacities is GRANTED. 5. The defendants' motion for summary judgment is GRANTED in favor of Dave Sutton a nd Glenn Shelton as to the plaintiff's claim of intimidation and derogation. 6. The defendants' motion for summary judgment regarding the plaintiff's excessive force claims against Glenn Shelton, Alston Redman and Neal Bradley in their official capacities for declaratory or injunctive relief and all aspects of their individual capacities is DENIED. 7. The Court will enter a scheduling order setting this case for trial on the plaintiff's surviving excessive force claims against Glenn Shelton, Alston Redman and Neal Bradley. Signed by Hon. Chief Judge Mark E. Fuller on 7/7/2009. (Attachments: #(1) Civil Appeals Checklist) (dmn)

IN THE UNITED STATES DISTRICT COURT F O R THE MIDDLE DISTRICT OF ALABAMA OF S O U T H E R N DIVISION T IM O T H Y COUNCIL, #210870, P l a i n t if f , v. D A V E SUTTON, et al., D e f e n d a n ts . ) ) ) ) ) ) ) )

C A S E NO. 1:07-cv-0331-MEF WO

ORDER
A f te r an independent review of the file, it is the ORDER, JUDGMENT and DECREE o f the court that: 1 . The defendants' objections (Doc. #31) to the Recommendation of the Magistrate J u d g e filed on June 19, 2009 and the plaintiff's objections to the Recommendation of the M a g is tra te Judge (Doc. #32) filed on June 22, 2009 are OVERRULED; 2 . The Recommendation of the Magistrate Judge (Doc. #30) entered on June 8, 2009 is ADOPTED; 3 . The defendants' motion for summary judgment regarding the plaintiff's claims for m o n e ta ry damages lodged against them in their official capacities is GRANTED as the d e f e n d a n ts are entitled to absolute immunity for these claims. 4. The defendants' motion for summary judgment filed on behalf of Dave Sutton and R ic h a r d Moss with respect to the plaintiff's excessive force claims presented against these d e f e n d a n ts in the remaining aspects of their official capacities and in all aspects of their

individual capacities is GRANTED. 5 . The defendants' motion for summary judgment is GRANTED in favor of Dave S u tto n and Glenn Shelton as to the plaintiff's claim of intimidation and derogation. 6 . The defendants' motion for summary judgment regarding the plaintiff's excessive f o rc e claims against Glenn Shelton, Alston Redman and Neal Bradley in their official c a p a c itie s for declaratory or injunctive relief and all aspects of their individual capacities is D E N IE D . 7 . The Court will enter a scheduling order setting this case for trial on the plaintiff's s u rv iv in g excessive force claims against Glenn Shelton, Alston Redman and Neal Bradley. D O N E this the 7th day of July, 2009.

/s/ Mark E. Fuller CHIEF UNITED STATES DISTRICT JUDGE