Reynolds v. Dept/Transportation, et al

Filing 8735

OPINION AND ORDER directing as follows: ORDER, JUDGMENT and DECREE of the court: (1) the plaintiffs' 8718 objections are overruled; (2) the Special Master's 8713 REPORT AND RECOMMENDATION is adopted; (3) the defendants' 8488 Moti on for Summary Judgment is denied on claimant Glenn McCovey's individual-contempt claim regarding "job rotation and training"; (4) the defendants' 8488 motion for summary judgment is granted on all of claimant McCovey's oth er individual-contempt claims; (5) judgment is entered in favor of the defendants and against the plaintiffs as to all of claimant McCovey's individual-contempt claims except his "job rotation or training" claim; further ORDERING that this matter is referred back to the special master for further appropriate proceedings. Signed by Honorable Judge Myron H. Thompson on 11/21/11. (Attachments: # 1 civil appeals checklist)(djy, )

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION

JOHNNY REYNOLDS, et al.,

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)
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)
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)
)
)
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Plaintiffs,
v.
ALABAMA DEPARTMENT OF
TRANSPORTATION, et al.,
Defendants.

CIVIL ACTION NO.
2:85cv665-MHT
(WO)

OPINION AND ORDER
This long-standing litigation is now before the court
on

the

special

master’s

recommendation

that

the

defendants’ motion for summary judgment on claimant Glenn
McCovey’s individual-contempt claims should be denied in
part and granted in part.

The special master recommends

that the defendants’ motion should be denied on McCovey’s
“job-rotation or training” claim and granted on all his
other claims.

The plaintiffs have filed objections to

the recommendation.
review

of

the

After an independent and de novo

record,

the

court

concludes

that

the

objections should be overruled and the recommendation
adopted.
***
It is therefore the ORDER, JUDGMENT, and DECREE of
the court as follows:
(1) The plaintiffs’ objections (Doc. No. 8718) are
overruled.
(2) The special master’s recommendation (Doc. No.
8713) is adopted.
(3) The

defendants’

motion

for

summary

judgment

(Doc. No. 8488) is denied on claimant Glenn
McCovey’s

individual-contempt

claim

regarding

summary

judgment

“job rotation or training.”
(4) The

defendants’

motion

for

(Doc. No. 8488) is granted on all of claimant
McCovey’s other individual-contempt claims.
(5) Judgment is entered in favor of the defendants
and against the plaintiffs as to all of claimant

2

McCovey’s individual-contempt claims except his
“job rotation or training” claim.
It is further ORDERED that this matter is referred
back

to

the

special

master

for

further

appropriate

proceedings.
DONE, this the 21st day of November, 2011.

/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE