Swisher v. Giles et al (INMATE 2)

Filing 28

ORDER that: 1. The Recommendation of the Magistrate Judge is ADOPTED. 2. Plaintiff's request for injunctive relief is DISMISSED as moot. 3. Defendants' Motion for Summary Judgment 15 with respect to Plaintiff's claim for monetary d amages lodged against them in their official capacities is GRANTED, as Defendants are entitled to absolute immunity from these claims. 4. The Motion for Summary Judgment filed on behalf of Defendants Giles and Baldwin 15 is GRANTED. 5. The Motio n for Summary Judgment filed on behalf of Defendants Lee, Wilson, Holcey, and Griffin 15 with respect to Plaintiff's July 3, 2010 excessive force claim lodged against these Defendants in all aspects of their individual capacities is DENIED. 6. This case will be set for non-jury trial by separate order. Signed by Honorable Judge Mark E. Fuller on 3/7/2013. (jg, )

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
NORTHERN DIVISION
CHRISTOPHER MICHAEL SWISHER,
Plaintiff,
v.
WARDEN S. GILES, II, et al.,
Defendants.

)
)
)
)
)
)
)
)

CASE NO. 2:10-cv-670-MEF

ORDER
On February 13, 2013, the Magistrate Judge filed a Recommendation (Doc. #27) 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.

Plaintiff’s request for injunctive relief is DISMISSED as moot.

3.

Defendants’ Motion for Summary Judgment (Doc. #15) with respect to

Plaintiff’s claim for monetary damages lodged against them in their official capacities is
GRANTED, as Defendants are entitled to absolute immunity from these claims.
4.

The Motion for Summary Judgment filed on behalf of Defendants Giles and

Baldwin (Doc. #15) is GRANTED.
5.

The Motion for Summary Judgment filed on behalf of Defendants Lee, Wilson,
1

Holcey, and Griffin (Doc. #15) with respect to Plaintiff’s July 3, 2010 excessive force claim
lodged against these Defendants in all aspects of their individual capacities is DENIED.
6.

This case will be set for non-jury trial by separate order.

DONE this the 7th day of March, 2013.

/s/ Mark E. Fuller
UNITED STATES DISTRICT JUDGE

2