Simmons v. Bolling et al

Filing 24

MEMORANDUM OPINION AND ORDER the magistrate judge's 23 report is ADOPTED and the recommendation is ACCEPTED. Accordingly, the court ORDERS that the defendants' motion for summary judgment 21 is DENIED on the individual capacity claim a gainst defendant Jenkins for excessive force as it relates to the alleged conduct after the plaintiff exited his cell on 8/1/2017. 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 21 is GRANTED in all other respects. Signed by Judge Abdul K Kallon on 1/31/2019. (AFS, )

FILED
2019 Jan-31 AM 10:15
U.S. DISTRICT COURT
N.D. OF ALABAMA

UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
WILLIE FRANK SIMMONS,
Plaintiff,
v.
LEON BOLLING, et al.,
Defendants.

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Civil Action Number:
2:17-cv-01899-AKK-SGC

MEMORANDUM OPINION AND ORDER
The magistrate judge entered a report on January 8, 2019, recommending the
defendants’ motion for summary judgment be granted in part and denied in part.
Doc. 23. Specifically, the report recommended summary judgment be: (1) denied
on the individual capacity claim against defendant Jenkins for excessive force as it
relates to the alleged conduct after the plaintiff exited his cell on August 1, 2017;
and (2) 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 defendant Jenkins for excessive force as it relates
to the alleged conduct after the plaintiff exited his cell on August 1, 2017. 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 is DIRECTED to TERM documents 21 and 23. The Clerk is
FURTHER DIRECTED to serve a copy of this memorandum opinion and order
on the plaintiff.
DONE the 31st day of January, 2019.

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ABDUL K. KALLON
UNITED STATES DISTRICT JUDGE

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