Spencer v. Williams et al

Filing 80

ORDER ADOPTING the 79 REPORT AND RECOMMENDATIONS. The motion for summary judgment of Defendant John Long is GRANTED as to all claims asserted against him in the Complaint. The motion for summary judgment of Defendants Russell Johnson and Anthony Williams is DENIED as to Plaintiff's Eighth Amendment excessive force claims. The Plaintiff's motion for summary judgment is denied. Signed by Chief Judge William H. Steele on 3/1/2012. Copy mailed to Plaintiff. (tgw)

IN THE UNITED STATES DISTRICT COURT FOR THE
SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
PHILLIP SPENCER,
(AIS #232063)

:
:

Plaintiff,
:
vs.

CIVIL ACTION 10-00555-WS-N
:

ANTHONY WILLIAMS, et al.,
:
Defendants.

ORDER
After due and proper consideration of all portions of this file deemed relevant to the issue
raised, and there having been no objections filed, the Recommendation of the Magistrate Judge
made under 28 U.S.C. § 636(b)(1)(B) is ADOPTED as the opinion of this Court, as follows:
1)

The motion for summary judgment of Defendant John Long is GRANTED as to all

claims asserted against him by Plaintiff in the Complaint;
2)

The motion for summary judgment of Defendants Russell Johnson and Anthony

Williams is DENIED as to Plaintiff’s Eighth Amendment excessive force claims asserted against
them in the Complaint.
In addition, Plaintiff’s motion for summary judgment is DENIED in its entirety.
DONE this 1st day of March, 2012.

s/ WILLIAM H. STEELE
CHIEF UNITED STATES DISTRICT JUDGE