Williams v. Washington et al
MEMORANDUM OPINION. Signed by Judge L Scott Coogler on 10/3/12. (KGE, )
2012 Oct-03 PM 02:58
U.S. DISTRICT COURT
N.D. OF ALABAMA
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
) Case No. 2:10-cv-0442-LSC
JAMES V. WASHINGTON, et al.,
MEMORANDUM OF OPINION
On August 7, 2012, the magistrate judge conducted an evidentiary hearing with
respect to the plaintiff’s Eighth Amendment excessive force and failure to protect
claims against Defendants Washington, Oden, and Keyes. On August 8, 2012, the
magistrate judge filed a report and recommendation, which included findings of fact
and conclusions of law. (Doc. 29.) The magistrate judge recommended that final
judgment be entered against the plaintiff and in favor of the defendants. Id. No
objections have been filed by either party.
Having carefully reviewed and considered de novo the entire record, including
the report and recommendation, the Court is of the opinion that the magistrate judge's
findings are due to be and are hereby ADOPTED and the recommendation is
ACCEPTED. The Court EXPRESSLY FINDS that Defendants Washington and
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Oden are entitled to judgment as a matter of law in their individual capacities on
plaintiff’s Eighth Amendment excessive force claims. The Court also EXPRESSLY
FINDS that Defendant Keyes is entitled to judgment as a matter of law in her
individual capacity on plaintiff’s Eighth Amendment failure to protect claim.
Wherefore, as plaintiff’s claims against the defendants in their official capacities have
been dismissed previously, this entire action is now due to be DISMISSED WITH
PREJUDICE. A Final Judgment will be entered.
Done this 3rd day of October 2012.
L. Scott Coogler
United States District Judge
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