Gilley v. Wysinger et al

Filing 88

MEMORANDUM OPINION - Having reviewed the materials in the Court's electronic record, including the report and recommendation, the Court adopts the Magistrate Judge's report and accepts his recommendation. Signed by Judge Madeline Hughes Haikala on 8/31/2021. (KEK)

FILED
2021 Aug-31 PM 03:54
U.S. DISTRICT COURT
N.D. OF ALABAMA

UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
MIDDLE DIVISION
DALE W. GILLEY, JR.,
Plaintiff,
v.
KELVIN WYSINGER, et al.,
Defendants.

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Case No. 4:18-cv-00910-MHH-HNJ

MEMORANDUM OPINION
The plaintiff, Dale W. Gilley, Jr., filed a pro se second amended complaint
pursuant to 42 U.S.C. § 1983 alleging violation of his rights under the Constitution
or laws of the United States. (Doc. 17). On July 28, 2021, the Magistrate Judge
entered a report recommending that the Court grant the defendants’ motion for
summary judgment and dismiss this action with prejudice. (Doc. 85). Although the
parties were advised of their right to file specific written objections within 14 days,
the Court has not received objections.
Having reviewed the materials in the Court’s electronic record, including the
report and recommendation, the Court adopts the Magistrate Judge’s report and
accepts his recommendation. Under the particular facts of this case, the Court agrees
that binding authority warrants judgment for the defendants on Mr. Gilley’s
excessive force claim based on qualified immunity. The Court also agrees with the

Magistrate Judge’s analysis of Mr. Gilley’s claims under the PREA, administrative
regulations, and the Fourteenth Amendment. Accordingly, by separate order, the
Court will enter judgment for the defendants on Mr. Gilley’s claims against them.
DONE and ORDERED this August 31, 2021.

_________________________________
MADELINE HUGHES HAIKALA
UNITED STATES DISTRICT JUDGE

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