Gardner v. County of Baldwin et al

Filing 97

ORDER ADOPTING 92 REPORT AND RECOMMENDATION as the opinion of this Court, granting in part and denying in part defendants' motion for summary judgment, dismissing plaintiff's claims for compensatory and punitive damages, finding the c laim for injunctive relief to be moot, dismissing with prejudice claims against Baldwin County as frivolous, and denying defendants' affirmative defense of failure to exhaust administrative remedies. It is further ORDERED that this action proceed with respect to plaintiff's claims for nominal damages. Signed by Judge Callie V. S. Granade on 1/15/2014. (copy to pltf) (mab)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
DONALD EUGENE GARDNER, III,
Plaintiff,
vs.
COUNTY OF BALDWIN, et al.,
Defendants.

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CIVIL ACTION NO. 12-0281-CG-C

ORDER
After due and proper consideration of all portions of this file deemed relevant
to he 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 made under 28 U.S.C. § 636(b)(1)(B) is ADOPTED as the
opinion of this Court. It is therefore ORDERED that defendants’ motion for
summary judgment (Docs. 32, 34, 35, 39, 40, 48) be GRANTED, in part, and
DENIED, in part, to the extent that plaintiff’s claims for compensatory and
punitive damages be DISMISSED without prejudice pursuant to 42 U.S.C. §
1997e(e), the claim for injunctive relief be dismissed as MOOT, and the claims
against defendant Baldwin County be DISMISSED with prejudice as frivolous, and
that defendants’ affirmative defense of failure to exhaust administrative remedies
be DENIED. It is further ORDERED that this action proceed with respect to
plaintiff’s claims for nominal damages.
DONE and ORDERED this 15th day of January, 2014.
/s/ Callie V. S. Granade
UNITED STATES DISTRICT JUDGE