Sanders v. Myrick et al (INMATE1)

Filing 126

ORDER directing that, upon an independent review of the file in this case and upon consideration of the 125 Recommendation of the Magistrate Judge, it is the ORDER, JUDGMENT and DECREE of the court that: (1) The Recommendation of the Magistrate Jud ge is ADOPTED; (2) The 89 Motion for Summary Judgment with respect to the claims of excessive force against Officers Bascomb and Douglas is DENIED; (3) The Motion for Summary Judgment with respect to the remaining claims is GRANTED in favor of the defendants; (4) Magistrate Perguson, Former City of Montgomery Police Chief Baylor, and Officers Thornell, Wilson, Myrick, Wingard, and Barnett are DISMISSED as defendants in this case; (5) This case will be set for a jury trial on the plaintiffs claim of excessive force lodged against Officers Bascomb and Douglas. Signed by Honorable Judge Mark E. Fuller on 5/15/13. (scn, )

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
NORTHERN DIVISION
GEORGE J. SANDERS, JR.,

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Plaintiff,
v.
M. P. MYRICK, et al.,
Defendants.

CASE NO. 2:09-cv-771-MEF

ORDER
On April 8, 2013, the Magistrate Judge filed a Recommendation (Doc. #125) in this
case to which no timely objections have been filed. Upon an independent review of the file
in this case and upon consideration of the Recommendation of the Magistrate Judge, it is the
ORDER, JUDGMENT and DECREE of the court that:
1. The Recommendation of the Magistrate Judge is ADOPTED.
2. The Motion for Summary Judgment with respect to the claims of excessive
force against Officers Bascomb and Douglas is DENIED.
3. The Motion for Summary Judgment with respect to the remaining claims is
GRANTED in favor of the defendants.
4. Magistrate Perguson, Former City of Montgomery Police Chief Baylor, and
Officers Thornell, Wilson, Myrick, Wingard, and Barnett are DISMISSED as
defendants in this case.

5. This case will be set for a jury trial on the plaintiff’s claim of excessive force
lodged against Officers Bascomb and Douglas.
DONE this the 15th day of May, 2013.

/s/ Mark E. Fuller
UNITED STATES DISTRICT JUDGE