Cunningham v. Culliver et al

Filing 328

FINAL JUDGMENT in favor of Grantt Culliver, Watson Bishop, Michael Watson, Charlie Portis, Joel Broadhead, James Sizemore, Alphonso Burroughs, & Nurse Sera Carroll & against Charles W. Cunningham, Jr., as to all Plf's claims, & judgment is enter ed in favor of C. T. Jenkins, Penton Ashworth, Christopher Corbitt, Michael McCrory, Ernest Stanton, Lareka Brazile, Michael Branch & Brandon Carroll as to all Plf's claims asserted against them except Plf's Eighth Amendment excessive fo rce claim as set out. Plf's Eighth Amendment excessive force claim against Dfts C. T. Jenkins, Penton Ashworth, Christopher Corbitt, Michael McCrory, Ernest Stanton, Lareka Brazile, Michael Branch & Brandon Carroll were dismissed w/prejudice as set out. Therefore, all Plf's claims in this matter against Dfts are DISMISSED w/prejudice. Dft Montgomery was dismissed w/o prejudice as set out. Signed by Judge Callie V. S. Granade on 12/3/2013. (tot)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
CHARLES W. CUNNINGHAM, JR.,
(AIS #193686)
Plaintiff,
vs.
GRANTT CULLIVER, et al.,
Defendants.

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CIVIL ACTION NO. 10-0114-CG-M

FINAL JUDGMENT
In accordance with the Order on summary judgment entered on December 6,
2011 (Doc. 232), it is ORDERED, ADJUDGED and DECREED that judgment is
entered in favor of defendants, Grantt Culliver, Watson Bishop, Michael Watson,
Charlie Portis, Joel Broadhead, James Sizemore, Alphonso Burroughs, and Nurse
Sara Carroll, and against plaintiff, Charles W. Cunningham, Jr., as to all plaintiff’s
claims, and judgment is entered in favor of C. T. Jenkins, Penton Ashworth, Sgt.
Christopher Corbitt, Michael McCory, Ernest Stanton, Lareka Brazile, Michael
Branch, and Brandon Carroll as to all plaintiff’s claims asserted against them,
except plaintiff’s Eighth Amendment excessive force claim based on the use of the
stun shield during the cell extraction, and plaintiff’s state law assault and battery
claims arising out of defendants’ use of physical force and the use of the stun shield
during the cell extraction.
Plaintiff’s Eighth Amendment excessive force claim based on the use of the
stun shield during the cell extraction, and state law assault and battery claims
arising out of defendants’ use of physical force and the use of the stun shield during

the cell extraction against defendants C. T. Jenkins, Penton Ashworth, Sgt.
Christopher Corbitt, Michael McCory, Ernest Stanton, Lareka Brazile, Michael
Branch and Brandon Carroll were dismissed with prejudice pursuant to the order
issued on October 22, 2013 (Doc. 327); therefore, all the plaintiff’s claims in this
matter against the aforementioned defendants are hereby DISMISSED with
prejudice.1
DONE and ORDERED this 3rd day of December, 2013.
/s/ Callie V. S. Granade
UNITED STATES DISTRICT JUDGE

Defendant Terry Montgomery was dismissed without prejudice as of
November 6, 2013 pursuant to the order issued on October 23, 2013.
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