Reynolds v. Dept/Transportation, et al

Filing 8736

OPINION AND ORDER; ORDER, JUDGMENT and DECREE of the court as follows: (1) the plf's 8712 & defendants' 8709 objections are overruled; (2) the special master's 8708 REPORT AND RECOMMENDATION is adopted; (3) the defendants' [ 8441] Motion for Summary Judgment is denied on claimant Lawrence Kromtit's individual-contempt "out-of-classification" claim; (4) the defendants' 8441 motion for summary judgment is granted on all of claimant Kromtit's othe r individual-contempt claims; (5) judgment is entered in favor of the defendants and against the plaintiffs as to all of claimant Kromtit's individual-contempt claims except his "out-of-classification" 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 11/22/11. (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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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

defendants’

motion

master’s
for

recommendation

summary

judgment

that
on

the

claimant

Lawrence Kromtit’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 Kromtit’s “out-of-classification” claim and granted on
all his other claims.

The plaintiffs and the defendants

have filed objections to the recommendation.

After an

independent and de novo review of the 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. 8712) and
the defendants’ objections (Doc. No. 8709) are
overruled.
(2) The special master’s recommendation (Doc. No.
8708) is adopted.
(3) The

defendants’

motion

for

summary

judgment

(Doc. No. 8441) is denied on claimant Lawrence
Kromtit’s

individual-contempt

“out-of-

classification” claim.
(4) The

defendants’

motion

for

summary

judgment

(Doc. No. 8441) is granted on all of claimant
Kromtit’s other individual-contempt claims.
(5) Judgment is entered in favor of the defendants
and against the plaintiffs as to all of claimant

2

Kromtit’s individual-contempt claims except his
“out-of-classification” claim.
It is further ORDERED that this matter is referred
back

to

the

special

master

for

further

appropriate

proceedings.
DONE, this the 22nd day of November, 2011.

/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE