Jones v. Forniss et al (INMATE2)

Filing 47

ORDER directing that, after an independent and de novo review of the record, it is ORDERED as follows: (1) Defendant Nikkita Shambray's 41 objections are overruled. (2) The magistrate judge's 40 recommendation is adopted. (3) Defendant Leon Forniss's 15 motion for summary judgment is granted. (4) Judgment is entered in favor of defendant Forniss and against plaintiff Jones, with plaintiff Jones taking nothing as to his complaint against defendant Forniss. This case is termin ated as to defendant Forniss. (5) Defendant Shambray's 22 motion for summary judgment is granted to the extent that she is sued in her official capacity. (6) Judgment is entered in favor of defendant Shambray and against plaintiff Jones to th e extent defendant Shambray is sued in her official capacity, with plaintiff Jones taking nothing as to his complaint against defendant Shambray in her official capacity. (7) Defendant Shambray's 22 motion for summary judgment is denied to the extent defendant Shambray is sued in her individual capacity for excessive force. (8) This cause is referred back to the magistrate judge so that she can hold an evidentiary hearing on plaintiff Jones's excessive-force claim against defendant Shambray in her individual capacity. Signed by Honorable Myron H. Thompson on 1/31/11. (scn, )