Jones v. Knight et al (INMATE 1)
Filing
56
ORDER: 1) ADOPTING the 52 RECOMMENDATION; 2) GRANTING Defendants' 21 Motion for Summary Judgment as to Plaintiff's claims for monetary damages against Defendants in their official capacities, DISMISSING those claims with prejudice based on absolute immunity; 3) DENYING Defendants' 21 Motion for Summary Judgment as to Plaintiff's claim of excessive force against Defendants in their individual capacities; 4) An order setting this action for trial will be entered separately. Signed by Honorable Judge Andrew L. Brasher on 9/4/2019. (am, )
IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
NORTHERN DIVISION
ANTONIO JONES, #266322,
Plaintiff,
v.
OFFICER KNIGHT, et al.,
Defendants.
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CASE NO. 2:16-cv-784-ALB
ORDER
Proceeding pro se under 42 U.S.C. § 1983, Plaintiff alleges that, while
incarcerated at the Easterling Correctional Facility in Clio, Alabama, Defendants
used or failed to protect Plaintiff from excessive force against him in violation of his
Eighth Amendment rights. (Doc. 1). Defendants filed a motion for summary
judgment. (Doc. 21). On June 20, 2019, the Magistrate Judge filed a
Recommendation (Doc. 52) to which Plaintiff filed his response on July 23, 2019.
(Doc. 55). Upon an independent review of the record and consideration of the
Recommendation, it is ORDERED as follows:
(1) The Recommendation (Doc. 52) is ADOPTED;
(2) Defendants’ Motion for Summary Judgment (Doc. 21) is GRANTED as
to Plaintiff’s claims for monetary damages against Defendants in their official
capacities, and those claims are DISMISSED with prejudice based on absolute
immunity.
(3) Defendants’ Motion for Summary Judgment (Doc. 21) is DENIED as to
Plaintiff’s claim of excessive force against Defendants in their individual capacities.
(4) An order setting this action for trial will be entered separately.
DONE this 4th day of September 2019.
/s/ Andrew L. Brasher
ANDREW L. BRASHER
UNITED STATES DISTRICT JUDGE
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