Hinds v. Wetzel et al

Filing 50

ORDER ADOPTING 47 REPORT AND RECOMMENDATIONS re MOTION for Summary Judgment filed by Lt. Nievens, C. O. Wetzel. It is ORDERED that Summary Judgment is GRANTED in part and DENIED in part as follows: DENIED as to Plaintiff's Eighth Amen dment claims related to the nighttime attack and GRANTED as to the Plaintiff's Fourteenth Amendment claim and Eighth Amendment claim related to the T.V. room inmate assault as set out. Signed by Magistrate Judge P. Bradley Murray on 10/21/2020. (srd) Copy to Plaintiff.

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
DEREK HINDS,
Plaintiff,
v.
C.O. WETZEL, et al.,
Defendants.

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CIVIL ACTION: 1:18-00481-KD-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
Report and Recommendation of the Magistrate Judge made under 28 U.S.C. § 636(b)(1)(B) and dated
October 21, 2020, is ADOPTED as the opinion of this Court.
Accordingly, it is ORDERED that summary judgment is GRANTED in part and DENIED in
part as follows: DENIED as to Hinds' Eighth Amendment claims against Defendants Wetzel and Brown
related to the nighttime attack; and GRANTED as to Hinds' Fourteenth Amendment claim and Eighth
Amendment failure to intervene claim related to the T.V. room inmate assault against all Defendants.
DONE and ORDERED this the 16th day of November 2020.
/s/ Kristi K. DuBose
KRISTI K. DuBOSE
CHIEF UNITED STATES DISTRICT JUDGE