Poma-Pratt v. Thomas et al (INMATE 1)

Filing 72

ORDER ADOPTING 67 REPORT AND RECOMMENDATION of the Magistrate Judge; ORDERING as follows: (1) the MOTION for Summary Judgment with respect to the claims against defendant Thomas is GRANTED, and defendant Thomas is DISMISSED as a defendant; (2) t he motions for summary judgment on plf's claims seeking monetary damages from the Defendants Jeffery Temple, Darian Tucker, Michael Freeman and Frankie Brown in their official capacities is GRANTED on the basis of absolute immunity; (3) the motions for summary judgment of Defendants Jeffery Temple, Darian Tucker, Michael Freeman, and Frankie Brown in their individual capacities on Plaintiffs 1983 excessive force claim is DENIED; (4) the case is set for Jury Trial on 3/23/2015 before Honorable Judge W. Harold Albritton III, in Montgomery, AL. Signed by Honorable Judge W. Harold Albritton, III on 1/15/15. (Attachment(s): # 1 civil appeals checklist). Furnished to calendar group & EB.(djy, ) .

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

JIMMY POMA-PRATT,
Plaintiff,
vs.
KIM THOMAS, Commissioner of ADOC,
et al.,
Defendants.

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CASE NO. 2:12-cv-291-WHA

ORDER
No objections having been filed to the Recommendation of the Magistrate Judge (Doc.
#67), entered on December 8, 2014, the court ADOPTS the Recommendation, and it is hereby
ORDERED as follows:
1. The Motion for Summary Judgment with respect to the claims against Defendant
Thomas is GRANTED, and Defendant Thomas is DISMISSED as a Defendant.
2. The motions for summary judgment on Plaintiff’s claims seeking monetary damages
from the Defendants Jeffery Temple, Darian Tucker, Michael Freeman and Frankie Brown in
their official capacities is GRANTED on the basis of absolute immunity.
3. The motions for summary judgment of Defendants Jeffery Temple, Darian Tucker,
Michael Freeman, and Frankie Brown in their individual capacities on Plaintiff’s § 1983
excessive force claim is DENIED.
4. The case is set for jury trial in Montgomery, Alabama, during the term of court
commencing March 23, 2015.

5. This case is referred to the Magistrate Judge for the purpose of holding a pretrial
hearing.
DONE this 15th day of January, 2015.

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