Estate of Arthur Lee Coleman, Jr. et al v. Scott et al

Filing 55

ORDER adopting the Report and Recommendation of the Magistrate Judge 51 . The Motion to Strike Punitive Damages Claims filed by Defendants City of Fort Myers, Fort Myers Police Department, Officer Robert Kerbs, and Officer Timothy McCormack 27 i s GRANTED in part and DENIED in part. The punitive damages claim against Defendants City of Fort Myers, Fort Myers Police Department, Officer Robert Kerbs and Officer Timothy McCormack in their official capacities is stricken. The punitive damages claim against Officer Robert Kerbs and Officer Timothy McCormack in their individual capacities shall remain pending. Signed by Judge Charlene E. Honeywell on 8/10/2010. (BGS)

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FT. MYERS DIVISION

ESTATE OF ARTHUR LEE COLEMAN, JR. and TARLISHA DAVIS, EDDRICH BROWN, TEARA BROWN, PICOLIA BROWN, MICHI COMER as Guardian for ARTISHA COLEMAN (a minor) and GLORIA DAVIS as guardian for ORTON LLEWLLYN COLEMAN (a minor), Plaintiffs, v. MICHAEL SCOTT, Sheriff of Lee County, TIMOTHY GALLOWAY, individually and as a deputy and ROBERT KERBS and TIMOTHY McCORMACK, individually and as law enforcement officers, and LEE COUNTY SHERIFF'S OFFICE, and CITY OF FORT MYERS ["COFM"], FORT MYERS POLICE DEPARTMENT, and SCOTT LEY, individually and as a U.S. Marshall and the U.S. MARSHALL'S OFFICE, a federal agency, and U.S. MARSHALL'S FUGITIVE TASK FORCE, and UNKNOWN LAW ENFORCEMENT OFFICERS, and TIMOTHY KELLY, individually and as a probation officer, DEPARTMENT OF CORRECTIONS, a State Agency, Defendants. / ORDER THIS CAUSE came on for consideration upon the Report and Recommendation filed by United States Magistrate Judge Sheri P. Chappell on July 20, 2010 (Dkt. 51), recommending that the Court grant the Motion to Strike Punitive Damages Claims filed by Defendants City of Fort Myers, Fort Myers Police Department, Officer Robert Kerbs, and Officer Timothy McCormack on May 26, 2010 (Dkt. 27). Specifically Magistrate Judge Chappell recommended that the punitive CASE NO. 2:10-CV-105-FtM-36SPC

damages claims against Defendants City of Fort Myers, Fort Myers Police Department, Officer Kerbs and Officer McCormack in their official capacities be stricken (Dkt. 51, p. 4). However, the Magistrate Judge recommended that the punitive damages claims against Officer Kerbs and Officer McCormack in their individual capacities remain pending. Id. Plaintiffs did not file an objection to the Report and Recommendation, and the time for filing such an objection has expired. After carefully considering Plaintiffs' Amended Complaint (Dkt. 3), Defendants' Motion, Plaintiffs' Response in opposition (Dkt. 50) and Magistrate Judge Chappell's Report and Recommendation, and undertaking a de novo review of the legal determinations recommended therein, the Court concludes that Magistrate Judge Chappell's Report and Recommendation should be confirmed and accepted. ACCORDINGLY, it is now ORDERED and ADJUDGED as follows: 1. The Report and Recommendation of the Magistrate Judge (Dkt. 51) is ADOPTED, CONFIRMED and APPROVED in all respects and is made a part of this Order for all purposes, including appellate review. 2. The Motion to Strike Punitive Damages Claims filed by Defendants City of Fort Myers, Fort Myers Police Department, Officer Robert Kerbs, and Officer Timothy McCormack (Dkt. 27) is GRANTED in part and DENIED in part. The punitive damages claim against Defendants City of Fort Myers, Fort Myers Police Department, Officer Robert Kerbs and Officer Timothy McCormack in their official capacities is stricken. The punitive damages claim against Officer Robert Kerbs and Officer Timothy McCormack in their individual capacities shall remain pending.. -2-

DONE AND ORDERED at Ft. Myers, Florida, on August 10, 2010.

COPIES TO: Magistrate Judge Sheri P. Chappell Counsel of Record

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