Williams v. Taylor et al

Filing 154

ORDER ADOPTING 150 REPORT AND RECOMMENDATIONS. It is ORDERED that the Plaintiff's 148 Motion for extension of time is GRANTED. The motions of Defendants Benjamin Taylor, John Morgan, James Gilheart, Mike Comalander, Timothy Kant, Gloria Jea n Williams (a/k/a Gloria Banks) and Dr. Rolland Olds for summary judgment (Docs. 67 , 69 , 70 , 72 , 92 , 126 , 127 , 135 , 137 , 138 , 139 , 143 ) are GRANTED; the Plaintiff's federal claims (Doc. 132 , Counts One through Five, El even, Eighteen and Twenty) are DISMISSED with prejudice; and the Plaintiff's state law claims (Doc. 132 , Counts Six through Ten, Twelve through Seventeen, Nineteen and Twenty-One through Twenty-Nine) are DISMISSED without prejudice. The remaining motions for discovery (Docs. 97 , 118 , 122 , 124 , 125 ) are DENIED as MOOT. Signed by Judge Kristi K. DuBose on 9/1/2011. copies to parties. (sdb)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
DARRELL WILLIAMS,
Plaintiff,
v.
BENJAMIN TAYLOR, et al.,
Defendants.

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CIVIL ACTION NO. 08-0433-KD-N

ORDER
After due and proper consideration of all pleadings in this file, and a de novo
determination of those portions of the Report and Recommendation to which objection is made,
the Report and Recommendation of the Magistrate Judge made under 28 U.S.C. ' 636(b)(1)(B)
and dated August 9, 2011 is ADOPTED as the opinion of this Court with the following addition:
The court also notes that William's claims of lack of probable cause to arrest and
the lack of jurisdiction to arrest are not cognizable claims. A prisoner may not
bring a Section 1983 claim for damages in a case where “a judgment in favor of
the plaintiff would necessarily imply the invalidity of his conviction,” Heck v.
Humphrey, 512 U.S. 477, 487, 114 S.Ct. 2364, 129 L.Ed.2d 383 (1994). In a
footnote in Heck, the Court gave as an example, an individual who is convicted
and sentenced for the crime of resisting arrest and subsequently brings a § 1983
claim alleging that the officer violated the Fourth Amendment during her arrest.
Id. at 486 n. 6, 114 S.Ct. 2364. Such is this case with these claims in that it was
determined in his parole revocation proceeding that the charge of resisting arrest
was proven.
Accordingly, it is ORDERED that the Plaintiff’s motion for extension of time (Doc. 148)
is GRANTED. It is further ORDERED that the motions of Defendants Benjamin Taylor, John
Morgan, James Gilheart, Mike Comalander, Timothy Kant, Gloria Jean Williams (a/k/a Gloria
Banks) and Dr. Rolland Olds for summary judgment (Docs. 67, 69, 70, 72, 92, 126, 127, 135,
137, 138, 139, 143) are GRANTED; the Plaintiff’s federal claims (Doc. 132, Counts One
through Five, Eleven, Eighteen and Twenty) are DISMISSED with prejudice; and the

Plaintiff’s state law claims (Doc. 132, Counts Six through Ten, Twelve through Seventeen,
Nineteen and Twenty-One through Twenty-Nine) are DISMISSED without prejudice.
Moreover, it is ORDERED that the remaining motions for discovery (Docs. 97, 118, 122, 124,
125) are DENIED as MOOT.
DONE and ORDERED this the 1st day of September 2011.
/s/ Kristi K. DuBose
KRISTI K. DuBOSE
UNITED STATES DISTRICT JUDGE