Dobbins v. Smith et al (INMATE 1)

Filing 89

JUDGMENT: it is the ORDER, JUDGMENT, and DECREE of the court as follows: (1) The US Magistrate Judge's 87 Recommendation is adopted; (2) Dfts Michael Smith, Robert Bryant, and J. C. Giles's 31 & 85 Motions for Summary Judgment are gra nted except as to plf Dobbins's excessive-force claim against dfts Smith and Bryant in their individual capacities; (3) Judgment is entered in favor of dfts Smith, Bryant, and Giles and against plf Dobbins, except as to plf Dobbins's excess ive-force claim against dfts Smith and Bryant in their individual capacities, with plf Dobbins taking nothing by his complaint except as to his excessive-force claim against dfts Smith and Bryant in their individual capacities; (4) Plf Dobbins's excessive-force claim against dfts Smith and Bryant in their individual capacities shall go to trial; This case is terminated as to dft J.C. Giles. Signed by Honorable Judge Myron H. Thompson on 6/20/2011. (Attachments: # 1 Civil Appeals Checklist) (wcl, )

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

WILLIAM GEOFFERY DOBBINS,
Plaintiff,
v.
MICHAEL SMITH, et al.,
Defendants.

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CIVIL ACTION NO.
2:09cv174-MHT
(WO)

JUDGMENT
In accordance with the memorandum opinion entered
this date, it is the ORDER, JUDGMENT, and DECREE of the
court as follows:
(1) The

United

States

Magistrate

Judge’s

recommendation (doc. no. 87) is adopted.
(2) Defendants Michael Smith, Robert Bryant, and J.
C. Giles’s motions for summary judgment (doc.
nos. 31 & 85) are granted except as to plaintiff
Dobbins’s

excessive-force

claim

against

defendants Smith and Bryant in their individual
capacities.

(3) Judgment

is

entered

in

favor

of

defendants

Smith, Bryant, and Giles and against plaintiff
Dobbins,

except

as

to

plaintiff

Dobbins’s

excessive-force claim against defendants Smith
and Bryant in their individual capacities, with
plaintiff

Dobbins

taking

nothing

by

his

complaint except as to his excessive-force claim
against defendants Smith and Bryant in their
individual capacities.
(4) Plaintiff

Dobbins’s

excessive-force

claim

against defendants Smith and Bryant in their
individual capacities shall go to trial.
This case is terminated as to defendant J.C. Giles.
DONE, this the 20th day of June, 2011.

/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE