Brennan v. Thomas et al

Filing 29

ORDER ADOPTING 28 SUPPLEMENTAL REPORT AND RECOMMENDATIONS. Plff's official capacity claims against dfts Headley and Terrance, and the Eight Amendment claims against dft Headley for failing to intervene when dfts Thomas and Oakes delayed diagno sis and treatment of his post-fall injuries between 11/4/2010 and 12/8/2010, and for failing to intervene when dfts Thomas and Oakes refused to provide him a new boot in 12/2010, are DISMISSED pursuant to 28 USC 1915A(b)(1) and/or (2). Plff's Ei ghth Amendment claim against dft Headley for failing to intervene when dfts Oakes, Talley and Corizon withheld appropriate pain medication; a substantially similar claim against dft Terrance; and an Eighth Amendment claim against Corizon based upon its policy of refusing all but one of plff's physical therapy sessions are REFERRED to the magistrate judge for further proceedings as set out herein. Signed by Judge Abdul K Kallon on 4/21/2016. Copy served on plff on this date. (YMB)

FILED
2016 Apr-21 PM 01:15
U.S. DISTRICT COURT
N.D. OF ALABAMA

UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
THOMAS G. BRENNAN,
Plaintiff,
v.
COMMISSIONER, ALABAMA
DEPARTMENT OF
CORRECTIONS, et al.,
Defendants.

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ORDER

Consistent with the Eleventh Circuit’s instructions, doc. 23, Thomas G.
Brennan filed his amended complaint on December 16, 2015. Doc. 27. On March
24, 2016, the magistrate judge filed a supplemental report and recommendation,
doc. 28, recommending dismissal pursuant to 28 U.S.C. ' 1915A(b)(1) and/or (2)
of (1) the official capacity claims against defendants Headley and Terrance; and
(2) the Eighth Amendment claims against defendant Headley for failing to
intervene in defendants Thomas and Oakes’ delayed diagnosis and treatment of the
plaintiff’s post-fall injuries between November 4, 2010 and December 8, 2010 and
failing to intervene after the refusal of defendants Thomas and Oakes to provide
the plaintiff a new boot in December 2010.
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The magistrate judge further recommended that Brennan’s Eighth
Amendment claim against defendant Headley for failing to intervene when
defendants Oakes, Talley, and Corizon withheld appropriate pain medication
between May 18, 2011 and September 26, 2011, and a substantially similar claim
against defendant Terrance between August 28, 2011 and September 26, 2011, be
referred to the magistrate judge for further proceedings. Finally, the magistrate
judge recommended that Brennan’s Eighth Amendment claim against Corizon,
based upon that company’s policy of refusing all but one of his physical therapy
sessions, also be referred for further proceedings.
No objections have been filed. Having carefully reviewed and considered
de novo all the materials in the court file, including the report and
recommendation, the court is of the opinion that the magistrate judge’s report is
due to be and is hereby ADOPTED and the magistrate judge’s recommendation is
ACCEPTED. It is therefore ORDERED, ADJUDGED, and DECREED that the
official capacity claims against defendants Headley and Terrance, and the
plaintiff’s Eighth Amendment claims against defendant Headley for failing to
intervene when defendants Thomas and Oakes delayed diagnosis and treatment of
his post-fall injuries between November 4, 2010, and December 8, 2010, and for
failing to intervene when defendants Thomas and Oakes refused to provide him a
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new boot in December 2010 be DISMISSED pursuant to 28 U.S.C. ' 1915A(b)(1)
and/or (2).
It is further ORDERED that Brennan’s Eighth Amendment claim against
defendant Headley for failing to intervene when defendants Oakes, Talley and
Corizon withheld appropriate pain medication between May 18, 2011, and
September 26, 2011, and a substantially similar claim against defendant Terrance
between August 28, 2011, and September 26, 2011, as well as an Eighth
Amendment claim against Corizon based upon that company’s policy of refusing
all but one of Brennan’s physical therapy sessions are REFERRED to the
magistrate judge for further proceedings.
DONE the 21st day of April, 2016.

_________________________________
ABDUL K. KALLON
UNITED STATES DISTRICT JUDGE

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