Brantley v. Cooks et al (INMATE 1)

Filing 182

ORDER ON PRETRIAL HEARING: it is ORDERED as follows: (1) Plf Lerome Brantley's claims for failure to intervene/protect and for denial of medical care are dismissed; (2) Plf Brantley's claims for injunctive relief are dismissed; (3) Dfts Captain Brenda King, Lt. Valerie Pittman, and Officer Griffin are dismissed from the case and terminated as parties; (4) The only remaining claims are for excessive force against dfts Officer Nygeon Thomas, Officer Evan Burkett, and Officer J. Whitte n in only their individual capacities; It is further ORDERED that: (1) This case is referred to the US Magistrate Judge for mediation, as further set out in order; (2) The jury selection and trial, now set for 1/24/2022, are continued generally, pend ing mediation; (3) The parties shall file joint monthly reports on the second Monday of each month informing the court of the status of their efforts to resolve the case; The clerk is DIRECTED to administratively close this case pending mediation. Signed by Honorable Judge Myron H. Thompson on 12/14/2021. (Furn: Calendar, ag) (Term: Jury Selection & Trial set for 01/24/2022)(bes, )

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION
LEROME BRANTLEY,

)
)
)
)
)
)
)
)
)
)

Plaintiff,
v.
OFFICER J. WHITTEN,
et al.,
Defendants.

CIVIL ACTION NO.
2:18cv471-MHT
(WO)

ORDER ON PRETRIAL HEARING
Based on the representations made on the record
during the pretrial conference today, and by agreement
of the parties, it is ORDERED as follows:
(1) Plaintiff Lerome Brantley’s claims for failure
to intervene/protect and for denial of medical care are
dismissed.
(2) Plaintiff

Brantley’s

claims

for

injunctive

relief are dismissed.
(3) Defendants
Pittman,

and

Captain

Officer

Brenda

Griffin

are

King,

Lt.

dismissed

Valerie
from

the

case and terminated as parties.
(4) The

only

remaining

claims

are

for

excessive

force against defendants Officer Nygeon Thomas, Officer
Evan

Burkett,

and

Officer

J.

Whitten

in

only

their

individual capacities.
It is further ORDERED that:
(1)

This

Magistrate

case

Judge

is

for

referred

to

mediation.

the
The

United

States

defense

agrees

that the claim against defendant Whitten for allegedly
using a chokehold against plaintiff Brantley should go
to

the

jury.

excessive-force

It
claims

is

unresolved

against

whether

defendants

the

Thomas,

Burkett, and Whitten for allegedly throwing plaintiff
Brantley to the ground face-first while handcuffed and
against
twisting

defendants
plaintiff

Thomas

and

Brantley’s

Burkett
arms

for

while

allegedly
handcuffed

survive summary judgment; if necessary, the court will
resolve whether these claims survive summary judgment
after mediation.
(2) The
January

24,

jury
2022,

selection
are

and

continued

mediation.
2

trial,

now

generally,

set

for

pending

(3) The parties shall file joint monthly reports on
the second Monday of each month informing the court of
the status of their efforts to resolve the case.
The

clerk

of

the

court

is

DIRECTED

administratively close this case pending mediation.
DONE, this the 14th day of December, 2021.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE

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