Johnson v. Ashworth et al
JUDGMENT in favor of Dfts James English, James Pate, Roger Marsh, Penton Ashworth, Donald Bell, Chris Mummert against Plf David L. Johnson as set out. Accordingly, Plfs claims against Ashworth, Dunn, Pate, Marsh, Bell, Mummert & English are DISMISSED w/prejudice. Signed by Judge Callie V. S. Granade on 5/5/2015. (tot)
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
DAVID L. JOHNSON, AIS 134016,
PENTON ASHWORTH, et al.,
In accordance with the Orders entered on March 27, 2014 (Doc. 214) and
March 31, 2015 (Doc. 250), it is ORDERED, ADJUDGED, and DECREED that
JUDGMENT is entered against Plaintiff, David L. Johnson, and in favor of:
1) Defendant James English on all claims asserted against him;
2) Defendants James Pate and Roger Marsh on the Plaintiff’s claims for
assault and battery, for negligent failure to allow ADOC procedure, and for willful
and wanton misconduct;
3) Defendant Penton Ashworth on Plaintiff’s claims for negligent failure to
follow ADOC procedure relating to Dunn’s alleged use of excessive force, for willful
and wanton failure to prevent Dunn from kicking and punching plaintiff, for
negligent retention and supervision1; and
4) Defaulting Defendants Donald Bell and Christopher Mummert on all
claims asserted against them.
As noted in the Report and Recommendation entered on January 27, 2015 (Doc. 248), the
Plaintiff entered into a compromise settlement with Defendants Kevin Dunn, Penton Ashworth,
James Pate, and Roger Marsh on the remaining pending claims prior to the evidentiary hearing held
on August 13, 2014.
Accordingly, Plaintiff’s claims against Penton Ashworth, Kevin Dunn, James
Pate, Roger Marsh, Donald Bell, Chris Mummert, and James English are hereby
DISMISSED with prejudice.
DONE and ORDERED this 5th day of May, 2015.
/s/ Callie V. S. Granade
UNITED STATES DISTRICT JUDGE
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