ASKEW v. GRANGER et al

Filing 242

ORDER ADOPTING THE MAGISTRATE JUDGE'S 235 REPORT AND RECOMMENDATION - Defendant Austin's motion for summary judgment (doc. 218 ) is DENIED. The amended motion for summary judgment (doc. 217 ) filed by Defendants Cros by, Malphurs, and Segree is GRANTED as to Defendant Segree but DENIED as to Defendants Crosby and Malphurs. Defendant Segree is DISMISSED from this action. Plaintiff Askew's request for punitive and compensatory damages is DISMISSED pursuant to 42 U.S.C. 1997e(e). The clerk shall return the case to the magistrate judge for further proceedings prior to setting the case for trial. Signed by SENIOR JUDGE WILLIAM STAFFORD on 10/2/17. (ckm)

Page 1 of 3

IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
TALLAHASSEE DIVISION

CARVER THOMAS ASKEW,
Plaintiff,
v.

4:13cv566–WS/CAS

SERGEANT ERIK CROSBY,
SERGEANT DONNIE SEGREE,
SERGEANT KENNETH MALPHURS,
and CAPTAIN ROLLIN AUSTIN,
Defendants.

ORDER ADOPTING THE MAGISTRATE JUDGE’S
REPORT AND RECOMMENDATION
Before the court is the magistrate judge’s report and recommendation (doc.
235) dated August 31, 2017. The magistrate judge recommends (1) that the
motion for summary judgment (doc. 218) filed by Defendant Austin be denied;
and (2) that the amended motion for summary judgment (doc. 217) filed by
Defendants Crosby, Malphurs, and Segree be granted as to Defendant Segree but
denied as to Defendants Crosby and Malphurs. The magistrate judge also
recommends that Plaintiff Askew’s request for punitive and compensatory

Page 2 of 3

damages be dismissed pursuant to 42 U.S.C. § 1997e(e).
Plaintiff Askew has filed no objections to the report and recommendation.
Defendant Austin has filed objections (doc. 240) to the report and
recommendation; Defendants Crosby and Malphurs have adopted (doc. 241)
Austin’s objections.
Having viewed the hand held and fixed wing videos of the relevant events
and otherwise considered the record in light of Defendant Austin’s objections, the
court finds that the magistrate judge's report and recommendation should be
adopted. Like the magistrate judge, the court finds that there is a disputed issue of
material fact as to whether the force twice used on Askew was needed to restore
order. Accordingly, it is ORDERED:
1. The magistrate judge’s report and recommendation (doc. 235) is
ADOPTED and incorporated into this order by reference.
2. Defendant Austin’s motion for summary judgment (doc. 218) is
DENIED.
3. The amended motion for summary judgment (doc. 217) filed by
Defendants Crosby, Malphurs, and Segree is GRANTED as to Defendant Segree
but DENIED as to Defendants Crosby and Malphurs.
4. Defendant Segree is DISMISSED from this action.

Page 3 of 3

5. Plaintiff Askew’s request for punitive and compensatory damages is
DISMISSED pursuant to 42 U.S.C. 1997e(e).
6. The clerk shall return the case to the magistrate judge for further
proceedings prior to setting the case for trial.
DONE AND ORDERED this

2nd

day of

October

, 2017.

s/ William Stafford
WILLIAM STAFFORD
SENIOR UNITED STATES DISTRICT JUDGE