WALKER v. DAY et al

Filing 68

ORDER adopting Magistrate Judge's 64 REPORT AND RECOMMENDATION. Defendants' motion to dismiss for failure to exhaust administrative remedies (Doc. 56 ) is GRANTED in part as to the deliberate indifference claim agains t Defendant Lowe and DENIED in part as to the claims against the other Defendants. Defendants' motion for summary judgment (Doc. 56 ) is DENIED in part as to Plaintiff's Eighth Amendment excessive force claim involving Defendant Danio 9;s use of chemical agent spray; GRANTED in part as to Plaintiff's Eighth Amendment excessive force claim against Defendants Day, Cook, Danio, and Robinson for taking Plaintiff down inside and outside of the C-dormitory; and GRANTED in part as to Plaintiff's state law gross negligence claim against Defendant Day. This case is recommitted to the magistrate judge for further proceedings on the remaining claim. Signed by SENIOR JUDGE LACEY A COLLIER on 3/27/2024. (mb)

UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
PENSACOLA DIVISION
ERIC L WALKER,
Plaintiff,
vs.

Case No.: 3:21cv00888/LAC/ZCB

SGT RYAN DAY, et al.,
Defendants.
_____________________/
ORDER
The magistrate judge issued a Report and Recommendation on January 22,
2024. (Doc. 64). The Court furnished the parties a copy of the Report and
Recommendation and 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
all timely filed objections.
Having considered the Report and Recommendation, and any timely filed
objections thereto, I have determined the Report and Recommendation should be
adopted.
Accordingly, it is ORDERED:
1.

The magistrate judge’s Report and Recommendation (Doc. 64) is

adopted and incorporated by reference in this order.

1

2.

Defendants’ motion to dismiss for failure to exhaust administrative

remedies (Doc. 56) is GRANTED in part as to the deliberate indifference claim
against Defendant Lowe and DENIED in part as to the claims against the
other Defendants.
3.

Defendants’ motion for summary judgment (Doc. 56) is DENIED in

part as to Plaintiff’s Eighth Amendment excessive force claim involving
Defendant Danio’s use of chemical agent spray; GRANTED in part as to
Plaintiff’s Eighth Amendment excessive force claim against Defendants Day,
Cook, Danio, and Robinson for taking Plaintiff down inside and outside of the
C-dormitory; and GRANTED in part as to Plaintiff’s state law gross
negligence claim against Defendant Day.
4.

This case is recommitted to the magistrate judge for further

proceedings on the remaining claim.
DONE and ORDERED on this 27th day of March, 2024.

s/L.A. Collier
Lacey A. Collier
Senior United States District Judge

2