ROBINSON v. LARSON et al

Filing 186

ORDER ADOPTING 181 REPORT AND RECOMMENDATION. Defendants' motion for summary judgment (docs. 157 , 161 , 166 ) is GRANTED IN PART and DENIED IN PART. This matter is referred to the assigned Magistrate Judge for further pretrial proceedings on plaintiff's Eighth Amendment excessive force claim against defendants Larson and Delapp for nominal damages. Signed by SENIOR JUDGE LACEY A COLLIER on 9/18/2017. (sdw)

Page 1 of 2

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF FLORIDA
PENSACOLA DIVISION
CHARLES BERNARD ROBINSON, JR.,
Plaintiff,
v.

Case No. 3:13cv387-LC-CJK

D. LARSON, et al.,
Defendants.
_________________________________/
ORDER
This cause comes on for consideration upon the Magistrate Judge’s Report
and Recommendation dated August 31, 2017 (doc. 181). The parties have been
furnished a copy of the Report and Recommendation and have been afforded an
opportunity to file objections pursuant to Title 28, United States Code, Section
636(b)(1). I have made a de novo determination of the timely filed objections.
Having considered the Report and Recommendation, and the objections
thereto, I have determined that the Report and Recommendation should be adopted.
Accordingly, it is now ORDERED as follows:
1.

The Magistrate Judge’s Report and Recommendation is adopted and

incorporated by reference in this order.

Page 2 of 2

2.

Defendants’ motion for summary judgment (docs. 157, 161, 166) is

GRANTED IN PART and DENIED IN PART as follows:
a.

the motion for summary judgment is granted as to plaintiff’s

Eighth Amendment conditions of confinement claim against defendant Larson;
b.

the motion for summary judgment is denied as to plaintiff’s

Eighth Amendment excessive force claim against defendants Larson and Delapp;
c.

the motion for summary judgment is granted as to plaintiff’s

Eighth Amendment deprivation of mental health care claim against defendants
Larson, Delapp, and Martin;
d.

the motion for summary judgment is granted as to plaintiff’s

claim for punitive damages.
3.

This matter is referred to the assigned Magistrate Judge for further

pretrial proceedings on:
a.

plaintiff’s Eighth Amendment excessive force claim against

defendants Larson and Delapp for nominal damages.
DONE AND ORDERED this 18th day of September, 2017.

s/L.A. Collier_____________
LACEY A. COLLIER
SENIOR UNITED STATES DISTRICT JUDGE

Case No. 3:13cv387-LC-CJK