White v. Parrish et al (INMATE 1)

Filing 59

ORDER directing that, upon an independent review of the file in this case and upon consideration of the Recommendation of the Magistrate Judge, it is the ORDER, JUDGMENT and DECREE of the Court that: (1) The 58 Recommendation of the Magistrate Judge is ADOPTED; (2) Defendants' 28 and 33 motions for summary judgment are GRANTED and this case is DISMISSED with prejudice. Signed by Honorable Judge Mark E. Fuller on 7/3/13. (scn, )

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
EASTERN DIVISION
NOAH WILLIAM WHITE,
Plaintiff,
v.
MIKE PARRISH, et al.,
Defendants.

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CASE NO. 3:10-cv-780-MEF
(WO – Do not publish)

ORDER
Noah White is lucky to be alive to file this lawsuit. On September 21, 2008, the
Chambers County Sheriff’s Office received a call from White’s frightened father reporting
that White was armed and extremely dangerous. White’s father stated that his son had
snapped sometime after the family finished dinner, and had then collected all the guns and
ammunition in his family’s home, threatened to kill him, and gone to his uncle’s house.
Deputy Sheriff Shannon Rollins arrived at White’s uncle’s house with other deputies
to follow up on the call. Within seconds of the deputies’ arrival, White shot Rollins to the
ground and disappeared. More deputies and a canine were called to the scene to help
apprehend White. White hid from law enforcement for about an hour but finally gave his
position away when he fired some shots from behind a barn on the property. After yelling
threats at the officers, White managed to steal a marked Sheriff’s Department Dodge
Durango. Once in the Durango, White shined the headlights toward a truck that some
deputies had taken cover behind and declared over the Durango’s loud speaker, “I’m the
Sheriff now,” and “Let’s do this.” Then White drove the Durango toward a group of deputies

(the very ones he is now suing), spraying gunfire out the car window. The deputies returned
fire.
In this spaghetti-western stand-off, which culminated in White’s arrest, White was
shot and injured. On these facts, White brings a § 1983 action, claiming that, in shooting
him, the deputies used excessive deadly force in violation of his Fourth Amendment right to
be arrested in a reasonable manner. On June 12, 2013, the Magistrate Judge filed a
Recommendation (Doc. #58) that the deputies’ Motions for Summary Judgment be granted
on qualified immunity grounds. White has not objected to the Recommendation. Upon an
independent review of the file in this case and upon consideration of the Recommendation
of the Magistrate Judge, it is the
ORDER, JUDGMENT and DECREE of the Court that:
1. The Recommendation of the Magistrate Judge is ADOPTED.
2. Defendants’ motions for summary judgment (Docs. #28 & 33) are GRANTED and
this case is DISMISSED with prejudice.
DONE this the 3rd day of July, 2013.

/s/ Mark E. Fuller
UNITED STATES DISTRICT JUDGE

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