Flournoy v. Harris et al (INMATE 2)

Filing 31

ORDER ADOPTING 30 Recommendation of the Magistrate Judge, and it is hereby ORDERED as follows: 1. Defendant's motion for summary judgment with respect to the claims for monetary damages lodged against him in his official capacities is GRANTED as Defendant is entitled to absolute immunity from these claims. 2. Defendant's motion for summary judgment with respect to Plaintiff's Eighth Amendment excessive force claim lodged against him in all aspects of his individual capacity is DENIED. 3. This case is set for a Jury Trial before Honorable Judge W. Harold Albritton III on Plaintiff's excessive force claim against Defendant in his individual capacity during the term of court commencing 11/16/2015, with Final Pretrial Conference to be held on 10/15/2015, before Honorable Judge W. Harold Albritton III, at a time to be set by later order. Signed by Honorable Judge W. Harold Albritton, III on 3/25/2015. Copies furnished to calendar group, EB.(dmn, )

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

DONNELL FLOURNOY,
Plaintiff,
vs.
IRVIN HARRIS,
Defendant.

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CASE NO. 2:12cv-286WHA
(WO)

ORDER
This case is before the court on the Recommendation of the Magistrate Judge (Doc. #30,
entered on March 2, 2015. There being no timely objection filed to the Recommendation, and
after a review of the file, the Recommendation is ADOPTED, and it is hereby ORDERED as
follows:
1. Defendant’s motion for summary judgment with respect to the claims for monetary
damages lodged against him in his official capacities is GRANTED as Defendant is entitled to
absolute immunity from these claims.
2. Defendant’s motion for summary judgment with respect to Plaintiff’s Eighth
Amendment excessive force claim lodged against him in all aspects of his individual capacity is
DENIED.
3. This case is set for a jury trial before the undersigned judge on Plaintiff’s excessive
force claim against Defendant in his individual capacity during the term of court commencing
November 16, 2015, with pretrial conference to be held on October 15, 2015, at a time to be set
by later order.

DONE this 25th day of March, 2015.

/s/
W. Harold Albritton
W. HAROLD ALBRITTON
SENIOR UNITED STATES DISTRICT JUDGE