Foster v. Jenkins et al
Filing
63
MEMORANDUM OPINION AND ORDER that the court ADOPTS the Magistrate's report and his recommendations are ACCEPTED and it is ORDERED that defendant Snelson's motion or summary judgment is GRANTED and all claims against defendant Snelson are DI SMISSED WITH PREJUDICE; the remaining motions for summary judgment are GARNTED in part and claims against Shepard, Miree, Bonner, and Aaron are DISMISSED WITH PREJUDICE and DENIED is part as for fully set out in order. Signed by Judge C Lynwood Smith, Jr on 2/11/2020. (AHI )
FILED
2020 Feb-12 AM 08:25
U.S. DISTRICT COURT
N.D. OF ALABAMA
UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
DANNY FOSTER,
Plaintiff,
v.
CORRECTIONAL LIEUTENANT
JENKINS, et al.,
Defendants.
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Case No. 2:17-cv-02001-CLS-JHE
MEMORANDUM OPINION AND ORDER
The magistrate judge filed a report and recommendation on January 17,
2020, recommending that the defendants’ special reports be treated as a motion for
summary judgment and further recommending that those motions be granted in
part and denied in part.
See doc. no. 58 (Magistrate Judge’s Report &
Recommendation). Defendant Gregoree Haywood (“Haywood”)1 filed a timely
objection to the report and recommendation (doc. no. 59), to which the plaintiff
filed a timely reply (doc. no. 61).
Defendant Haywood objects to the magistrate judge’s finding that genuine
issues of material fact remain regarding plaintiff’s claim against Haywood for the
failure to protect.2
The plaintiff submitted a sworn statement that defendant
Mohammad Jenkins (Correctional Lieutenant) instructed “CO [Correction Officer]
1
Defendant Gregoree Haywood is identified as a Correctional Officer employed at William
E. Donaldson Correctional Facility. Doc. no. 34-10.
2
Doc. no. 59.
Haywood to get out of the room, because he needed no witnesses.”3 Defendant
Haywood does not dispute the alleged assault occurred, but rather simply states
that she has “no knowledge of the alleged assault.”4 Certainly, viewing the facts
most favorable to the plaintiff, even though defendant Haywood may have left the
room and did not witness the alleged assault, a reasonable inference could be
drawn regarding her knowledge once she was asked to leave the room. Thus,
nothing in defendant Haywood’s statement precludes a finding that she failed to
protect the plaintiff from an imminent assault by other officers.
Defendant
Haywood’s objection is therefore overruled. See, e.g., Anderson v. Liberty Lobby,
Inc., 477 U.S. 242, 255 (1986) (“Credibility determinations, the weighing of the
evidence, and the drawing of legitimate inferences from the facts are jury
functions, not those of a judge”); Sears v. Roberts, 922 F.3d 1199, 1205 (11th Cir.
2019) (“[a]t the summary judgment stage the judge’s function is not himself to
weigh the evidence and determine the matter but to determine whether there is a
genuine issue for trial” (citation omitted)).
Having carefully reviewed and considered de novo all the materials in the
court file, including the Magistrate Judge’s Report and Recommendation and
3
Additionally, plaintiff states “[a]s she [Haywood] walked by me she [Haywood] gave me
a funny look as if to say “you better get the hell outta here[.]” Doc. no. 45 at 4 (alteration supplied).
4
Immediately following this statement is the phrase “(see attached)[,]” the court notes that
the affidavit is one page and there is nothing attached. Doc. no. 34-10 (alteration supplied).
2
defendant Haywood’s objection thereto, this court hereby ADOPTS the
Magistrate’s report, and his recommendations are ACCEPTED.
Further, for the reasons stated herein, and at greater length in the Magistrate
Judge’s Report and Recommendation, it is ORDERED, ADJUDGED, and
DECREED that defendant Samuel Snelson’s motion for summary judgment (doc.
no. 41) be, and the same hereby is GRANTED, the plaintiff’s claims against
defendant Samuel Snelson (Correctional Officer) are DISMISSED WITH
PREJUDICE.
The court further ORDERS that the remaining defendants’ motion for
summary judgment (doc. no. 34) be, and the same hereby is, GRANTED in part,
the plaintiff’s claims against defendants Lena Shepard (Correctional Lieutenant),
Angela Miree (Warden), Lisa Bonner (Classification Supervisor), and Samuel
Aaron (Correctional Sergeant) are DISMISSED WITH PREJUDICE.
Further, the motion (doc. no. 34) is DENIED in part, and the plaintiff’s
claims for excessive force against correctional officers Mohammed Jenkins,
Christopher Young, Eddie Watts, Roderick Gadson, and Omar Parker, along with
his claims for failure to intervene against correctional officers Eddie Watts, Omar
Parker and Gregoree Haywood, all remain pending. These remaining claims are
REFERRED to the magistrate judge for all further proceedings.
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DONE and ORDERED this 11th day of February, 2020.
______________________________
Senior United States District Judge
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