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, )

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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

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