Broadhead v. McCovery et al

Filing 76

ORDER ADOPTING 74 REPORT AND RECOMMENDATIONS. It is ORDERED that: Summary Judgment is GRANTED in favor of Defendants Wayne Gray, Amanuel DuBose, Anthony Gibson, and Timothy Wetzel. Summary Judgment is DENIED as to Defendants Cynthia McCover y and Shirley Smith; claims of failure to protect remain against them in their individual capacities. Summary Judgment is DENIED as to Defendants Tyus, McKenzie, Smith, Fountain, Pacheco, and McQuirter; claims of excessive force and assault remain against them in their individual capacities. Signed by Senior Judge Charles R. Butler, Jr on 4/11/2016. copies to parties. (sdb)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION SHERMAN ANTWAN BROADHEAD, Plaintiff, vs. CYNTHIA D. McCOVERY, et. al., Defendants. : : : : : : : : CIVIL ACTION NO. 14-00216-CB-N ORDER After due and proper consideration of the issues raised, and there having been no objections filed, the Recommendation of the Magistrate Judge made under 28 U.S.C. ยง 636(b)(1)(B) is adopted as the opinion of this Court. It is ORDERED that: 1. Summary Judgment is GRANTED in favor of Defendants Wayne Gray, Amanuel DuBose, Anthony Gibson, and Timothy Wetzel. 2. Summary Judgment is DENIED as to Defendants Cynthia McCovery and Shirley Smith; claims of failure to protect remain against them in their individual capacities. 3. Summary Judgment is DENIED as to Defendants Tyus, McKenzie, Smith, Fountain, Pacheco, and McQuirter; claims of excessive force and assault remain against them in their individual capacities. There being no just reason for delay, the Court will separately enter final judgment in favor of Defendants Wayne Gray, Amanuel DuBose, Anthony Gibson, and Timothy Wetzel in accordance with Federal Rule of Civil Procedure 54(b). DONE and ORDERED this 11th day of April, 2016. s/Charles R. Butler, Jr. Senior United States District Judge

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