Faulkner v. Dunn et al

Filing 135

ORDER ADOPTING 128 REPORT AND RECOMMENDATIONS as set out, re MOTIONS for Summary Judgment. Signed by District Judge Jeffrey U. Beaverstock on 1/7/20. (copy mailed to plaintiff) (cmj)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
QUANDARIAN FAULKNER
Plaintiff,
vs.
JEFFERSON DUNN, et al.,
Defendants.

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CIVIL ACTION 17-0077-JB-MU

ORDER
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 Recommendation
to which objection is made, the 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 ORDERED that
summary judgment is:
1. GRANTED in favor of Defendants Jefferson Dunn, Warden Cynthia Stewart,
Warden Terry Raybon, Warden Mitchell, Lieutenant Ashley Kidd, Officer Gary
Scarborough, Officer Timothy Vignolo, Otis Smith, Mallory Mixon, Nurse
Ashley Wall, and Nurse Jonathan Langford, and those claims presented
against these defendants are DISMISSED with prejudice;
2. GRANTED in favor of Defendants Edmonds, Parker, Griffin, Luitze, and Norris,
Antonio McClain, Anthony Hadley, Alfie Pacheco, Henry Finklea, Larry
McCovery, Marcus Gaston, Gregory Patterson, Danny Fountain, DeJour
Knight, John Pryor, Bradly Walker, Dominic Whitley, David Dennis, Jesse
Stanford, Steve Terry, and Jesse Wilson on the claims of excessive force and
assault and battery;
3. DENIED as to Defendants McQuirter, Bullard, Duren, Arthur, Baldwin,
Streeter, Fails, Lewis, Fleeton, Robinson, Snelson, Brown, Tunstall, Sanders,
Melton, Jones, Harrison and Grantt Culliver on the claims of excessive force
and battery; and
4. DENIED as to Defendants Culliver, Fails, Edmonds, Parker, Griffin, Luitz,
Norris, McClain, Hadley, Pacheco, Finklea, McCovery, Gaston, Patterson,
Fountain, Knight, Pryor, Walker, Whitley, Dennis, Stanford, Terry, Wilson,

McQuirter, Bullard, Duren, Arthur, Baldwin, Streeter, Lewis, Fleeton, Robinson,
Snelson, Brown, Tunstall, Sanders, Melton, Harrison, and Jones on the claims
of failure to protect.
DONE and ORDERED this 7th day of January, 2020.
/s/ JEFFREY U. BEAVERSTOCK
UNITED STATES DISTRICT JUDGE