Jacoby v. Lanier et al (INMATE 2)

Filing 119

JUDGMENT: In accordance with the opinion entered today, it is the ORDER, JUDGMENT, and DECREE of the court as follows: (1) The US Magistrate Judge's 113 recommendation is adopted. (2) 4 of 5 dfts (Sergeant Nicholas Hall, Lieutenant Terrence Calvin, Officer Guntaye Clay, and Captain Charles McKee) have moved for summary judgment, and their 46 motion is granted to the following extent: (a) Plf Brent William Jacoby's claims to the extent he seeks injunctive relief. (b) Plf Jacobys claims to the extent he seeks damages from these dfts in their official capacities (to the extent he intended to seek such). (c) Plf Jacoby's deliberate-indifference claim against dft Sergeant Hall. (d) Plf Jacoby's claims regarding conditi ons-of-confinement. (e) Plaintiff Jacobys claims for deprivation of property and violation of prison policy. (f) Judgment is entered against plaintiff Jacoby and in favor of these 4 dfts as indicated in subparagraphs (a) through (e) above, with plf J acoby taking nothing on his complaint to this extent. (3) Said 4 dfts' 46 motion for summary judgment is denied as to the following claims: (a) Plf Jacoby's claims of excessive force against dfts Hall, Calvin, and Clay in their individual capacities. (b) Plf Jacoby's claims of deliberate indifference against dfts Calvin and Clay in their individual capacities. (4) As summary judgment has been granted on all claims against him, dft McKee is terminated as a party. (5) The fifth de fendant, Officer Michael Lanier, is dismissed without prejudice pursuant to FRCP 4(m), and he is terminated as a party. The clerk of the court is DIRECTED to enter this document on the civil docket as a final judgment pursuant to Rule 58 of the FRCP. This case is not closed, and will be set for a jury trial on plf Jacoby's claims of excessive force and deliberate indifference as set forth above against the three remaining dfts: Hall, Calvin, and Clay. Signed by Honorable Judge Myron H. Thompson on 1/17/2023. (Attachments: # 1 Civil Appeals Checklist)(bes, )

Case 2:19-cv-01067-MHT-CSC Document 119 Filed 01/17/23 Page 1 of 3

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION
BRENT WILLIAM JACOBY,
Plaintiff,
v.
OFFICER LANIER, et al.,
Defendants.

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CIVIL ACTION NO.
2:19cv1067-MHT
(WO)

JUDGMENT
In accordance with the opinion entered today, it is
the ORDER, JUDGMENT, and DECREE of the court as follows:
(1) The

United

States

Magistrate

Judge’s

recommendation (Doc. 113) is adopted.
(2) Four of five defendants (Sergeant Nicholas Hall,
Lieutenant Terrence Calvin, Officer Guntaye Clay, and
Captain Charles McKee) have moved for summary judgment,
and their motion (Doc. 46) is granted to the following
extent:
(a) Plaintiff Brent William Jacoby’s claims to
the extent he seeks injunctive relief.
(b) Plaintiff Jacoby’s claims to the extent he

Case 2:19-cv-01067-MHT-CSC Document 119 Filed 01/17/23 Page 2 of 3

seeks damages from these defendants in their official
capacities (to the extent he intended to seek such).
(c) Plaintiff Jacoby’s deliberate-indifference
claim against defendant Sergeant Hall.
(d) Plaintiff

Jacoby’s

claims

regarding

conditions-of-confinement.
(e) Plaintiff Jacoby’s claims for deprivation of
property and violation of prison policy.
(f) Judgment is entered against plaintiff Jacoby
and in favor of these four defendants as indicated in
subparagraphs

(a)

through

(e)

above,

with

plaintiff

Jacoby taking nothing on his complaint to this extent.
(3) Said

four

defendants’

motion

for

summary

judgment (Doc. 46) is denied as to the following claims:
(a) Plaintiff Jacoby’s claims of excessive force
against defendants Hall, Calvin, and Clay in their
individual capacities.
(b) Plaintiff

Jacoby’s

claims

of

deliberate

indifference against defendants Calvin and Clay in
their individual capacities.
2

Case 2:19-cv-01067-MHT-CSC Document 119 Filed 01/17/23 Page 3 of 3

(4) As summary judgment has been granted on all
claims against him, defendant McKee is terminated as a
party.
(5) The fifth defendant, Officer Michael Lanier, is
dismissed without prejudice pursuant to Federal Rule of
Civil Procedure 4(m), and he is terminated as a party.
The clerk of the court is DIRECTED to enter this
document on the civil docket as a final judgment pursuant
to Rule 58 of the Federal Rules of Civil Procedure.
This case is not closed, and will be set for a jury
trial on plaintiff Jacoby’s claims of excessive force and
deliberate indifference as set forth above against the
three remaining defendants: Hall, Calvin, and Clay.
DONE, this the 17th day of January, 2023.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE

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