Brown v. Price et al

Filing 41

MEMORANDUM OPINION. Signed by Judge L Scott Coogler on 11/15/2016. (PSM)

FILED
2016 Nov-15 AM 10:32
U.S. DISTRICT COURT
N.D. OF ALABAMA

UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
THOMAS BRADLEY BROWN,
Plaintiff,
v.
OFFICER J. SMITH, WARDEN
CHERYL PRICE, WARDEN
ANGELA MIREE, DR. ROY
RODDAM, and CORIZON HEALTH
SERVICES,
Defendants.

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Case No. 2:15-cv-01126-LSC-JEO

MEMORANDUM OPINION
The magistrate judge filed a report on October 17, 2016, recommending
defendants ADOC, Price, Miree, and Smith’s motion for summary judgment on the
plaintiff’s Eighth Amendment excessive force and supervisory liability claims be
granted and the claims be dismissed with prejudice. (Doc. 40). The magistrate
judge further recommended that defendants Corizon and Roddam’s motion for
summary judgment on the plaintiff’s Eighth Amendment medical claims be treated
as a motion to dismiss for failure to exhaust administrative remedies pursuant to 42
U.S.C. § 1997e(a) and the motion be granted and the claims be dismissed without
prejudice (Id.). Although the parties were advised of their right to file specific

written objections within fourteen days, no objections have been received by the
court.
Having carefully reviewed and considered de novo all the materials in the
court file, including the report and recommendation, the magistrate judge’s report
is hereby ADOPTED and the recommendation is ACCEPTED. Accordingly, the
court ORDERS that defendants ADOC, Price, Miree, and Smith’s motion for
summary judgment on the plaintiff’s Eighth Amendment excessive force and
supervisory liability claims is due to be GRANTED, the court finding no genuine
issues of material fact exists. The court further ORDERS that defendants Corizon
and Roddam’s motion for summary judgment on the plaintiff’s Eighth Amendment
medical claims be treated as a motion to dismiss for failure to exhaust
administrative remedies pursuant to 42 U.S.C. § 1997e(a) and the motion is due to
be GRANTED.
DONE and ORDERED on November 15, 2016.

_____________________________
L. Scott Coogler
United States District Judge
160704

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