PIERRE v. PADGETT

Filing 112

ORDER OF DISMISSAL - The report and recommendation is accepted. The defendants' summary-judgment motion, ECF No. 89 , is granted in part and denied in part. The case is remanded to the magistrate judge for further proceedings. Signed by JUDGE ROBERT L HINKLE on 3/3/2017. (vkm)

Page 1 of 2

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

YVELAN PIERRE,
Plaintiff,
v.

CASE NO. 4:15cv148-RH/GRJ

D. PADGETT et al.,
Defendants.
_____________________________/

ORDER OF DISMISSAL
This case is before the court on the magistrate judge’s report and
recommendation, ECF No. 108. No objections have been filed.
The report and recommendation correctly concludes that, under the law of
the circuit, the petitioner’s alleged injuries are no more than de minimis and thus,
under the Prison Litigation Reform Act, are insufficient to support a claim for
compensatory or punitive damages. Compare Harris v. Garner, 190 F.3d 1279,
1286 (11th Cir.1999), op. reinstated in part on rehearing, 216 F.3d 970 (2000)
(holding that injuries that were comparable to the petitioner’s here were de
minimis); Ledlow v. Givens, 500 F. App’x 910, 914 (11th Cir. 2012) (same); Tate
Case No. 4:15cv148-RH/GRJ

Page 2 of 2

v. Rockford, 497 F. App’x 921, 925 (11th Cir. 2012) (same), with Johnson v.
Breeden, 280 F.3d 1308, 1312, 1321 (11th Cir. 2002) (holding not de minimis a
head injury causing swelling and a seizure and lacerations and contusions to the
face, shoulders, and upper back). The report and recommendation also correctly
rejects the petitioner’s other assertions.
Accordingly,
IT IS ORDERED:
The report and recommendation is accepted. The defendants’ summaryjudgment motion, ECF No. 89, is granted in part and denied in part. The case is
remanded to the magistrate judge for further proceedings.
SO ORDERED on March 3, 2017.
s/Robert L. Hinkle
United States District Judge

Case No. 4:15cv148-RH/GRJ