Bennefield v. Bullock State Prison et al (INMATE1)

Filing 20

ORDER adopting order in all material respects; that to the extent the plaintiff asserts claims against defendants O'Hara and Morris in their official capacities 10 Motion for Summary Judgment is GRANTED and those claims are DISMISSED with prej udice as the defendants are entitled to absolute immunity on these claims; that to the extent that OHara and Morris also seek summary judgment on the excessive force claims against them in their individual capacities, the motion for summary judgment is DENIED; and (3) The plaintiff's excessive force claim against defendants O'Hara and Morris in their individual capacities arising from the February 5, 2006 physical altercation shall be set for a bench trial before the undersigned by a separate scheduling order.. Signed by Hon. Chief Judge Mark E. Fuller on 3/12/2009. (Attachments: # 1 Civil Appeals Checklist)(cb, )

IN THE UNITED STATES DISTRICT COURT F O R THE MIDDLE DISTRICT OF ALABAMA N O R T H E R N DIVISION J O S E P H BENNEFIELD, #235865, P l a in tif f , v. B U L L O C K STATE PRISON, et al., D e f e n d a n ts . ) ) ) ) ) ) ) ) )

C I V IL ACTION NO. 2:06cv307-MEF (W O )

ORDER T h e re being no objections filed to the Recommendation of the Magistrate Judge (Doc. # 17) filed herein on February 4, 2009, said Recommendation is hereby ADOPTED in all m a te ria l respects,1 and it is the O R D E R , JUDGMENT and DECREE of the Court that: 1. T o the extent the plaintiff asserts claims against defendants O'Hara and Morris in their official capacities, the motion for summary judgment (Doc. # 10) is G R A N T E D and those claims are DISMISSED with prejudice as the d e f e n d a n ts are entitled to absolute immunity on these claims.

The one respect in which this Court will not adopt the Recommendation is that the undersigned will conduct a bench trial on the surviving claims rather than referring the case to a Magistrate Judge for an evidentiary hearing. While this Court is mindful that such a referral is legally permissible, it is inclined in this case to promote judicial efficiency by conducting a bench trial.

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2.

T o the extent that O'Hara and Morris also seek summary judgment on the e x c es s iv e force claims against them in their individual capacities, the motion f o r summary judgment (Doc. # 10) is DENIED.

3.

T h e plaintiff's excessive force claim against defendants O'Hara and Morris in th e ir individual capacities arising from the February 5, 2006 physical a lterc a tio n shall be set for a bench trial before the undersigned by a separate sch ed u lin g order.

D o n e this the 12 th day of March, 2009.

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

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