Crews-Bey v. Johnson et al

Filing 54

MEMORANDUM OPINION AND ORDER ADOPTING and ACCEPTING the 53 Magistrate Judge's Report and Recommendation. Accordingly, the Court ORDERS that the defendants' 52 MOTION for Summary Judgment is DENIED on theindividual capacity claim again st Correctional Officer Rodney Smith for failure to protect. Finding no genuine issue of material fact and that the defendants are entitled to judgment as a matter of law as to the other claims, the court FURTHER ORDERS that the defendants motion for summary judgment is GRANTED in all other respects. Signed by Judge Virginia Emerson Hopkins on 6/19/2018. (JLC)

UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
KAMILES CREWS-BEY,
Plaintiff,
v.
LIEUTENANT D. JOHNSON, et al.,
Defendants.

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) Case No. 2:16-cv-01367-VEH-SGC
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MEMORANDUM OPINION AND ORDER
The magistrate judge entered a report on May 7, 2018, recommending the
defendants’ motion for summary judgment be granted in part and denied in part.
(Doc. 53). Specifically, the report recommended: (1) summary judgment be denied
on the individual capacity claim against Correctional Officer Rodney Smith for
failure to protect; and (2) summary judgment be granted as to all other claims. (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
ADOPTED and the recommendation is ACCEPTED. Accordingly, the court
ORDERS that the defendants’ motion for summary judgment is DENIED on the
individual capacity claim against Correctional Officer Rodney Smith for failure to

protect. Finding no genuine issue of material fact and that the defendants are entitled
to judgment as a matter of law as to the other claims, the court FURTHER ORDERS
that the defendants’ motion for summary judgment is GRANTED in all other
respects.
The Clerk of Court is DIRECTED to TERM documents 52 and 53. The Clerk
is FURTHER DIRECTED to provide a copy of this memorandum opinion and order
to the plaintiff.
DONE and ORDERED this 19th day of June, 2018.

VIRGINIA EMERSON HOPKINS
United States District Judge

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