Dunn et al v. Thomas et al
Filing
1012
PHASE 2A INDIVIDUAL PLAINTIFFS SUMMARY JUDGMENT ORDER, in accordance with the opinion entered today, it is the ORDER, JUDGMENT, and DECREE of the court with regard to the Phase 2A part of this case on the individual plaintiff' claims: (1) The 768 motion for summary judgment filed by defs Jefferson Dunn, Commissioner of the Alabama Department of Corrections, and Ruth Naglich, Associate Commissioner of Health Services for the Alabama Department of Corrections, is granted against plaintiff s Richard Businelle, Howard Carter, Robert Dillard, Joshua Dunn, Daletrick Hardy, Kenneth Moncrief, and Richard Terrell, and these plfs are terminated as parties; Summary judgment is granted on the merits of plf Hardy's claim, and plfs Businelle , Carter, Dillard, Dunn, Moncrief, and Terrel's claims are dismissed without prejudice as moot; (2) The motion is granted as to plf Sylvester Hartley's involuntary-medication due-process claim. However, plf Hartley is not terminated as a p arty; (3) The motion is otherwise denied with respect to the individual plfs' Phase 2A claims; (4) The mental-health care Eighth Amendment claims of plfs Hartley, Edward Braggs, Christopher Jackson, Brandon Johnson, Roger McCoy, Leviticus Pruit t, Jamie Wallace, and Robert Myniasha Williams, and the involuntary-medication due-process claims of plfs Quang Bui and McCoy, will proceed to trial; directing the clerk to enter this document on the civil docket as a final judgment pursuant to Rule 58 FRCP. Signed by Honorable Judge Myron H. Thompson on 11/25/16. (Attachments: # 1 civil appeals checklist)(djy, )
IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION
JOSHUA DUNN, et al.,
Plaintiffs,
v.
JEFFERSON S. DUNN, in his
official capacity as
Commissioner of
the Alabama Department of
Corrections, et al.,
Defendants.
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CIVIL ACTION NO.
2:14cv601-MHT
(WO)
PHASE 2A INDIVIDUAL PLAINTIFFS
SUMMARY JUDGMENT ORDER
In accordance with the opinion entered today, it is
the
ORDER,
regard
to
JUDGMENT,
the
Phase
and
2A
DECREE
part
of
of
the
this
court
case
with
on
the
individual plaintiffs’ claims:
(1) The motion for summary judgment (doc. no. 768)
filed
by
Commissioner
Corrections,
defendants
of
and
the
Jefferson
Alabama
Ruth
Dunn,
Department
Naglich,
of
Associate
Commissioner of Health Services for the Alabama
Department of Corrections, is granted against
plaintiffs
Richard
Businelle,
Howard
Carter,
Robert Dillard, Joshua Dunn, Daletrick Hardy,
Kenneth
these
Moncrief,
plaintiffs
and
are
Richard
Terrell,
terminated
as
and
parties.
Summary judgment is granted on the merits of
plaintiff
Hardy’s
claim,
and
plaintiffs
Businelle, Carter, Dillard, Dunn, Moncrief, and
Terrell’s
claims
are
dismissed
without
prejudice as moot.
(2) The motion is granted as to plaintiff Sylvester
Hartley’s
claim.
involuntary-medication
However,
plaintiff
due-process
Hartley
is
not
terminated as a party.
(3) The motion is otherwise denied with respect to
the
individual
plaintiffs’
Phase
2A
claims.
(4) The mental-health care Eighth Amendment claims
of
plaintiffs
Christopher
McCoy,
Hartley,
Jackson,
Leviticus
Brandon
Pruitt,
2
Edward
Johnson,
Jamie
Braggs,
Roger
Wallace,
and
Robert
Myniasha
Williams,
involuntary-medication
and
due-process
the
claims
of
plaintiffs Quang Bui and McCoy, will proceed to
trial.
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
Civil
Procedure.
DONE, this the 25th day of November, 2016.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE
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