Watkins v. Easterling Correctional Center et al (INMATE2)

Filing 64

JUDGMENT as follows: (1) The United States Magistrate Judge's recommendation 62 is adopted. (2) Pursuant to footnote 2 in the United States Magistrate Judge's recommendation 62 , the name of defendant "Officer McKenzie" is co rrected to be defendant "Christopher Kincey" on the docket sheet and in all pleadings. (3) The motion for summary judgment 38 is granted to the extent that defendants Thomas Bailey, Lester Grimsley, Steven Canty, Christopher Kincey, Rand y Daniels, Joseph Whitehead, and Larry Peavy have been sued in their official capacities. (4) Judgment is entered in favor of defendants Bailey, Grimsley, Canty, Kincey, Daniels, Whitehead, and Peavy and against plaintiff Tyre T. Watkins to the exte nt these defendants have been sued in their official capacities, with plaintiff Watkins taking nothing to the extent he has sued these defendants in their official capacities. (5) The motion for summary judgment 38 is denied to the extent that de fendants Bailey, Canty, Kincey, and Grimsley have been sued in their individual capacities on plaintiff Watkins's excessive-force claims. (6) The motion for summary judgment 38 is denied to the extent defendants Kincey, Grimsley, Whitehead, Da niels, and Peavy have been sued in their individual capacities on plaintiff Watkinss failure-toprotect claim. (7) Plaintiff Watkinss excessive-force claims against defendants Bailey, Canty, Kincey, and Grimsley in their individual capacities will go to trial. (8) Plaintiff Watkins's failure-to-protect claim against defendants Kincey, Grimsley, Whitehead, Daniels, and Peavy in their individual capacities will go to trial. Signed by Honorable Judge Myron H. Thompson on 11/29/2012. (jg, )

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

TYRE T. WATKINS,
Plaintiff,
v.
THOMAS BAILEY, et al.,
Defendants.

TYRE T. WATKINS,
Plaintiff,
v.
THOMAS BAILEY, et al.,
Defendants.

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CIVIL ACTION NO.
2:10cv286-MHT
(WO)

CIVIL ACTION NO.
2:10cv475-MHT

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

recommendation (doc. no. 62) is adopted.

Judge’s

(2) Pursuant to footnote 2 in the United States
Magistrate Judge’s recommendation (doc. no. 62), the name
of

defendant

“Officer

McKenzie”

is

corrected

to

be

defendant “Christopher Kincey” on the docket sheet and in
all pleadings.
(3) The motion for summary judgment (doc. no. 38) is
granted to the extent that defendants Thomas Bailey,
Lester Grimsley, Steven Canty, Christopher Kincey, Randy
Daniels, Joseph Whitehead, and Larry Peavy have been sued
in their official capacities.
(4) Judgment

is

entered

in

favor

of

defendants

Bailey, Grimsley, Canty, Kincey, Daniels, Whitehead, and
Peavy and against plaintiff Tyre T. Watkins to the extent
these

defendants

have

been

sued

in

their

official

capacities, with plaintiff Watkins taking nothing to the
extent he has sued these defendants in their official
capacities.

2

(5) The motion for summary judgment (doc. no. 38) is
denied

to

the

extent

that

defendants

Bailey,

Canty,

Kincey, and Grimsley have been sued in their individual
capacities on plaintiff Watkins’s excessive-force claims.
(6) The motion for summary judgment (doc. no. 38) is
denied

to

the

extent

defendants

Kincey,

Grimsley,

Whitehead, Daniels, and Peavy have been sued in their
individual capacities on plaintiff Watkins’s failure-toprotect claim.
(7) Plaintiff

Watkins’s

excessive-force

claims

against defendants Bailey, Canty, Kincey, and Grimsley in
their individual capacities will go to trial.
(8) Plaintiff

Watkins’s

failure-to-protect

claim

against defendants Kincey, Grimsley, Whitehead, Daniels,
and Peavy in their individual capacities will go to
trial.
DONE, this the 29th day of November, 2012.

/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE