Griffith v. Anderson et al (INMATE2)

Filing 55

ORDER that 54 Report and Recommendations is ADOPTED; that Defendants Dulaney's and Everette's 45 motion for summary judgment is GRANTED to the extent Dulaney and Everette seek dismissal of this case due to the plaintiff's failure t o properly exhaust the administrative remedies previously available to him at Kilby Correctional Facility; that the plaintiff's claims for injunctive and declaratory relief are DISMISSED as moot; that Defendants Anderson's and Peterson' ;s 14 motion for summary judgment on the plaintiff's § 1983 excessive-force and deliberate-indifference claims are DENIED; that Defendant Anderson's 14 motion for summary judgment on the plaintiff's supplemental state-law clai m for assault and battery is DENIED; that Defendant Peterson's 14 motion for summary judgment on the plaintiff's supplemental state-law claim for conspiracy to commit assault and battery is DENIED; that Defendant Peterson's 14 moti on for summary judgment on the plaintiff's supplemental state-law claim for contributory negligence is GRANTED; that the plaintiff's § 1983 excessive-force and deliberate-indifference claims and supplemental state-law claims for assaul t and battery against Defendant Anderson, and the plaintiff's § 1983 excessive-force and deliberate-indifference claims and supplemental state-law claim for conspiracy to commit assault and battery against Defendant Peterson will be set for trial by jury. Signed by Hon. Chief Judge Mark E. Fuller on 3/16/2010. (Attachments: # 1 Civil Appeals Checklist)(cc, )

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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 D Y EDWIN GRIFFITH, # 249169, P la in tif f , v. G A R Y ANDERSON, et al., D e f e n d a n ts. ) ) ) ) ) ) ) ) C A S E NO. 2:07-cv-0749-MEF ORDER O n February 17, 2010, the Magistrate Judge filed a Recommendation (Doc. # 54) in th is case to which no timely objections have been filed. Upon an independent review of the f ile in the case and upon consideration of the Recommendation of the Magistrate Judge, it is hereby the O R D E R , JUDGMENT and DECREE of the Court that: 1. 2. T h e Recommendation of the Magistrate Judge is ADOPTED. D e f e n d a n ts Dulaney's and Everette's motion for summary judgment (Doc. # 45) is GRANTED to the extent Dulaney and Everette seek dismissal of this case due to the p la in tif f 's failure to properly exhaust the administrative remedies previously available to him a t Kilby Correctional Facility. 3. m o o t. 4. D e f e n d a n ts Anderson's and Peterson's motion for summary judgment on T h e plaintiff's claims for injunctive and declaratory relief are DISMISSED as the plaintiff's 1983 excessive-force and deliberate-indifference claims (Doc. # 14) are D E N IE D . 5. D e f e n d a n t Anderson's motion for summary judgment on the plaintiff's supple- m e n ta l state-law claim for assault and battery (Doc. # 14) is DENIED. 6. D e f e n d a n t Peterson's motion for summary judgment on the plaintiff's supple- m e n ta l state-law claim for conspiracy to commit assault and battery (Doc. # 14) is DENIED. 7. D e f e n d a n t Peterson's motion for summary judgment on the plaintiff's supple- m e n ta l state-law claim for contributory negligence (Doc. # 14) is GRANTED. 8. T h e plaintiff's 1983 excessive-force and deliberate-indifference claims and s u p p le m e n ta l state-law claims for assault and battery against Defendant Anderson, and the p la in tif f 's 1983 excessive-force and deliberate-indifference claims and supplemental statela w claim for conspiracy to commit assault and battery against Defendant Peterson will be s e t for trial by jury. D O N E this the 16th day of March, 2010. /s/ Mark E. Fuller CHIEF UNITED STATES DISTRICT JUDGE

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