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)

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