Withers v. Hearns et al (INMATE 1)

Filing 34

JUDGMENT directing that, after an independent and de novo review of the record, it is the ORDER, JUDGMENT, and DECREE of the court as follows: (1) The recommendation of the magistrate judge (doc. no. 33 ), to which no objection has been filed, is ad opted; (2) Defendants Kyle Hearns, Christopher Moore, and Galen Mathis's motion for summary judgment (doc. no. 15 ) is granted in part and denied in part; (3) Summary judgment is granted as to plaintiff Robert Withers's (a) request for mon etary damages from defendants Hearns, Moore, and Mathis in their official capacities as to all claims and (b) claim for deliberate indifference; (4) Summary judgment is denied in all remaining respects as to plaintiff Withers's excessive-force c laim against defendants Hearns, Moore, and Mathis; (5) This case is referred back to the magistrate judge for an evidentiary hearing on the surviving aspects of this case; 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. Signed by Honorable Judge Myron H. Thompson on February 13, 2015. (Attachments: # 1 Civil Appeals Checklist)(scn, )

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

ROBERT WITHERS,

)
)
)
)
)
)
)
)
)
)

Plaintiff,
v.
OFFICER KYLE HEARNS,
et al.,
Defendants.

CIVIL ACTION NO.
2:12cv214-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

recommendation

of

the

magistrate

judge

(doc. no. 33), to which no objection has been filed, is
adopted.
(2) Defendants Kyle Hearns, Christopher Moore, and
Galen Mathis's motion for summary judgment (doc. no.
15) is granted in part and denied in part.
(3) Summary

judgment

is

granted

as

to

plaintiff

Robert Withers's (a) request for monetary damages from

defendants Hearns, Moore, and Mathis in their official
capacities

as

to

all

claims

and

(b)

claim

for

deliberate indifference.
(4) Summary
respects

as

judgment

to

is

plaintiff

denied

in

Withers's

all

remaining

excessive-force

claim against defendants Hearns, Moore, and Mathis.
(5) This case is referred back to the magistrate
judge

for

an

evidentiary

hearing

on

the

surviving

aspects of this case.
The clerk of the court is DIRECTED to enter this
document

on

the

civil

pursuant

to

Rule

58

of

docket
the

as

a

Federal

final
Rules

judgment
of

Procedure.
This case is not closed.
DONE, this the 13th day of February, 2015.
/s/ Myron H. Thompson____
UNITED STATES DISTRICT JUDGE

Civil