Jones v. Coffee County Sheriff's Department et al (INMATE 2)

Filing 68

JUDGMENT: It is the ORDER, JUDGMENT, and DECREE of the court as follows: (1) The 57 Partial Objection is overruled. (2) The United States Magistrate Judge's 54 Recommendation is adopted. (3) Defendants' 28 Motion for Summary Judgment is granted as to all of plaintiff Rocky Jones's claim, except plaintiff Jones's excessive-force claims for damages against defendants Neil Bradley and Tony Harrison in their individual capacities. (4) Judgment is entered against plaintiff J ones and in favor of all defendants except, as to plaintiff Jones's excessive-force claims for damages against defendant Bradley and Harrison in their individual capacities. (5) All defendants, except defendants Bradley and Harrison, in their in dividual capacities, are terminated as parties. (6) This matter is referred back to the magistrate judge to hold an evidentiary hearing on plaintiff Joness excessive-force claims for damagesagainst defendants Bradley and Harrison in their individual capacities. The clerk of the court is DIRECTED to enter this document on the civil docket as a final judgment pursuant to FRCP 58. This case is not closed. Signed by Honorable Judge Myron H. Thompson on 7/30/2014. (Attachments: # 1 Civil Appeals Checklist)(dmn, )

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

)
)
)
)
)
)
)
)
)

Plaintiff,
v.
DAVE SUTTON, et al.,
Defendants.

CIVIL ACTION NO.
2:09cv1070-MHT
(WO)

JUDGMENT
After an independent and de novo review of the record,
it is the ORDER, JUDGMENT, and DECREE of the court as
follows:
(1) The partial objection (doc. no. 57) is overruled.
(2) The

United

States

Magistrate

Judge’s

recommendation (doc. no. 54) is adopted.
(3) Defendants’ motion for summary judgment (doc. no.
28) is granted as to all of plaintiff Rocky
Jones’s

claim,

except

plaintiff

excessive-force

claims

for

defendants

Bradley

and

Neil

their individual capacities.

damages
Tony

Jones’s
against

Harrison

in

(4) Judgment is entered against plaintiff Jones and
in

favor

plaintiff

of

all

Jones’s

defendants

except,

excessive-force

as

claims

to
for

damages against defendant Bradley and Harrison in
their individual capacities.
(5) All defendants, except defendants Bradley and
Harrison, in their individual capacities, are
terminated as parties.
(6) This matter is referred back to the magistrate
judge to hold an evidentiary hearing on plaintiff
Jones’s

excessive-force

claims

for

damages

against defendants Bradley and Harrison in their
individual capacities.
The clerk of the court is DIRECTED to enter this
document on the civil docket as a final judgment pursuant
to Rule 58 of the Federal Rules of Civil Procedure.
This case is not closed.
DONE, this the 30th day of July, 2014.

/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE