Newsome v. Jones et al

Filing 56

MEMORANDUM OPINION AND ORDER ADOPTING and ACCEPTING the Magistrate Judge's 49 55 REPORTS AND RECOMMENDATIONS. It is therefore ORDERED that the Motion for Summary Judgment on behalf of Officer George Denson is GRANTED and the claims again st him are DISMISSED WITH PREJUDICE. It is further ORDERED that the Motions for Summary Judgment on behalf of the remaining defendants are DENIED. The claims against the remaining defendants are REFERRED BACK to the Magistrate Judge for further proceedings. Signed by Judge Virginia Emerson Hopkins on 11/24/2014. (JLC)

FILED
2014 Nov-24 PM 12:17
U.S. DISTRICT COURT
N.D. OF ALABAMA

IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF ALABAMA
MIDDLE DIVISION
JEFFERY NEWSOME,

)
)
Plaintiff,
)
)
vs.
)
)
OFFICER RUSSELL JONES, et al., )
)
Defendants.
)

Case No. 4:12-cv-00019-VEH-JEO

MEMORANDUM OF OPINION AND ORDER
The magistrate judge filed a report and recommendation on July 3, 2014,
and a supplemental report and recommendation on October 20, 2014, recommending that the special report filed by Officer George Denson be construed as a
motion for summary judgment and, as such, that it be granted and the claims
against Officer Denson be dismissed with prejudice. (Docs. 49 and 55). The
magistrate judge further recommended that the remaining defendants’ special
reports be construed as motions for summary judgment and, as such, that they be
denied. Specifically, the magistrate judge recommended: (1) Officers Landers and
Jones’s motion for summary judgment be denied with respect to the excessive
force claim; (2) Nurses Thomas and Johnson’s motion for summary judgment be

denied with respect to the denial of adequate medical care claim; (3) Officers
Landers, Jones, and Marcano’s motion for summary judgment be denied with
respect to the denial, delay, and/or interference with medical care claim; and (4)
Officers Morris, Jackson, Dakin, Hopkins, Scott, Gray, and Northcutt’s motion for
summary judgment be denied with respect to the conditions of confinement claim.
Although the parties were advised they would have fourteen days from the entry
date of the report and recommendation to submit specific written objections, none
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 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
that the motion for summary judgment on behalf of Officer George Denson is
GRANTED and the claims against him are DISMISSED WITH PREJUDICE. It
is further ORDERED that the motions for summary judgment on behalf of the
remaining defendants are DENIED.

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The claims against the remaining defendants are REFERRED BACK to the
magistrate judge for further proceedings.
The Clerk is DIRECTED serve a copy of this order upon the plaintiff and
upon counsel for the defendants.
DATED this 24th day of November, 2014.

VIRGINIA EMERSON HOPKINS
United States District Judge

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