Maxwell/G-Doffee v. Clerk et al

Filing 119

ORDER adopting in part and declining in part the recommendation, 113 . Maxwell/G-Doffee's objections, 114 , are overruled in part and sustained in part. The Court declines without prejudice Section IV(C)(2) about the verbal-abuse claims agains t Clark and Cooksey. Cooksey's motion for summary judgment, 96 , is denied without prejudice. The Court adopts the remainder of the recommendation. The ADC Defendants' motion for summary judgment, 96 , is granted in part, denied in part, and denied without prejudice in part. Hillard's separate motion for summary judgment, 107 , is granted and Maxwell/G-Doffee's motion for preliminary injunctive relief, 112 , is denied. Maxwell/G-Doffee's claims against Defendants Cha mbers, Butler, Engstrom, Straughn, Williams, Gooley, Turner, Jenkins, Hillard, LaKenya Jackson, and Anthony Jackson are dismissed without prejudice for failure to exhaust. Plaintiff's official-capacity claims are dismissed with prejudice. Plaint iff's claims against Justine Minor are dismissed with prejudice. Plaintiff's August 2013 excessive-force and failure to protect claims (federal and state) must be tried. A final scheduling order will issue soon. Any second motion for summary judgment should be filed by 31 December 2015. Signed by Judge D. P. Marshall Jr. on 10/21/2015. (jak)