Mosley v. Dominic et al (INMATE 1)

Filing 49

OPINION. An appropriate judgment will be entered. Signed by Honorable Judge Myron H. Thompson on 9/28/2016. (dmn, )

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION
FREDRICK BERNARD MOSLEY,
Plaintiff,
v.
DOMINIC JONES, et al.,
Defendants.

)
)
)
)
)
)
)
)
)

CIVIL ACTION NO.
2:13cv450-MHT
(WO)

OPINION
Pursuant to 42 U.S.C. § 1983, plaintiff, a state
prisoner,
assaulted

filed
by

this

lawsuit

officers

at

claiming
Easterling

that

he

was

Correctional

Facility, that several officers failed to protect him
from the assault, that he was denied due process in a
disciplinary proceeding and a classification decision,
that he was housed in improperly hot and unsanitary
conditions, and that there was a conspiracy to cover up
the assault.
the

This lawsuit is now before the court on

recommendation

of

the

United

States

Magistrate

Judge that defendants’ motion for summary judgment be
denied as to the claims of excessive force and failure

to protect and granted as to plaintiff’s other claims.
Also before the court are plaintiff’s objections to the
recommendation.
review

of

plaintiff’s

the

After

an

record,

objections

independent

the

should

court
be

and

de

novo

concludes

that

overruled

and

the

magistrate judge’s recommendation adopted.
An appropriate judgment will be entered.
DONE, this the 28th day of September, 2016.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE