Oliver v. Johnson et al
ORDER ADOPTING 77 REPORT AND RECOMMENDATIONS re MOTION for Summary Judgment filed by Carrol, K. Tyus, R. Armstrong, C. Kimbrel, Shelton Forney, Johnny L. Johnson, C. Andrews, Earnest Stanton, J. Broadhead, Russell Johnson, K. Reyno lds, Sgt. Bailey, T. Betts, C. Daughtry, Anthony Gipson. The motion is GRANTED in part and Plaintiff's claims arising out of the incident on July 10, 2011 and involving Defendants Forney, Bailey, Reynolds, Armstrong, Johnson, Kimbrel, and Be tts are DISMISSED. Plaintiff's claims arising out of the incidents occurring 08/24-25/11 and involving Defendants Johnson, Kimbrel, Broadhead, Stanton, Gipson, Daughtry, Johnson, and Carroll as DISMISSED and DENIED in part. This action will proceed with regard to Plaintiff's excessive force claims arising out of the 11/12/11 incident involving Defendants Kimbrel, Tyus, Andrews, Broadhead, Stanton, and Gipson.. Signed by Judge Kristi K. DuBose on 9/11/2014. (adk)
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
MICHAEL DARNELL OLIVER,
(AIS #: 207467)
JOHNNY L. JOHNSON, et al.,
CIVIL ACTION NO. 11-00520-KD-B
After due and proper consideration of all portions of this file deemed relevant to the issues
raised, 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 dated August 19, 2014
and made under 28 U.S.C. § 636(b)(1)(B) is hereby ADOPTED as the opinion of this Court.
Accordingly, it is ORDERED that Defendants’ motion for summary judgment is
GRANTED in part and Plaintiff’s claims arising out of the incident occurring on July 10, 2011 and
involving Defendants Shelton Forney, L. Bailey, K. Reynolds, R. Armstrong, Johnny L. Johnson, C.
Kimbrel, and Thaddeus Betts are DISMISSED, and Plaintiff’s claims arising out of the incidents
occurring on August 24-25, 2011 and involving Defendants Johnny L. Johnson, C. Kimbrel, J.
Broadhead, Earnest Stanton, A. Gipson, C. Daughtry, Russell Johnson, and Carroll are DISMISSED;
and DENIED in part and this action will proceed with regard to Plaintiff’s excessive force claims
arising out of the incident occurring on November 12, 2011 and involving Defendants Kimbrel,
Tyus, Andrews, Broadhead, Stanton and Gipson.
DONE and ORDERED this the 11th day of September 2014.
/s/ Kristi K. DuBose
KRISTI K. DuBOSE
UNITED STATES DISTRICT JUDGE
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