Shropshire v. Toney et al

Filing 44

ORDER granting in part 37 Motion for Reconsideration ; denying 39 Motion to Amend Complaint; adopting Report and Recommendations re 41 Report and Recommendation. the Report and Recommendation of the Magistrate Judge made under 28 U.S.C. 636(b)(l)(B) is ADOPTED as the opinion of this Court. ; and denying in part [] Motion for Summary Judgment. Signed by Senior Judge Charles R. Butler, Jr on 3/18/2013. (adk)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION DONNIE SHROPSHIRE, AIS #175941, Plaintiff, v. DEBORAH TONEY, et al., Defendants. ) ) ) ) ) ) ) ) ) CIVIL ACTION NO. 10-470-CB-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 is adopted as the opinion of this Court. It is ORDERED that defendants’ Motion for Summary Judgment is DENIED in part as to plaintiffs’ claims of deliberate indifference to plaintiff’s serious medical need, and excessive use of force, and GRANTED in part as to plaintiff’s claims concerning exposure to acid vapors as raised in civil action no. 11-304. It is further ORDERED that plaintiff’s Motion for Discovery (doc. 37) is GRANTED in part, so as to require defendants to supplement the Special Report with witness statements from inmate Jerome Fletcher and officer A.L. Ingram. Finally, it is hereby ORDERED that plaintiff’s Motion to Amend (doc. 39) to add a jury demand is DENIED. DONE this the 18th day of March, 2013. /s/Charles R. Butler, Jr. SENIOR UNITED STATES DISTRICT JUDGE

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