DICKERSON v. MOCK et al

Filing 105

ORDER GRANTING SUMMARY JUDGMENT IN PART - The 103 report and recommendation is accepted and adopted as the court's further opinion. The defendants' summary-judgment motion, ECF No. 83 , is granted in part. The plaint iff's conspiracy claim and claims against official-capacity defendants are dismissed. I do not direct the entry of judgment. The plaintiff's summary-judgment motion, ECF No. 94 , is denied. The case is remanded to the magistrate judge for further proceedings. Signed by JUDGE ROBERT L HINKLE on 9/16/2017. (cle)

Download PDF
Page 1 of 2 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA TALLAHASSEE DIVISION WILLIE DICKERSON, JR., Plaintiff, v. CASE NO. 4:16cv113-RH/CAS SERGEANT ANDREW MOCK, et al., Defendants. _____________________________/ ORDER GRANTING SUMMARY JUDGMENT IN PART This prisoner civil-rights case is before the court on the magistrate judge’s report and recommendation, ECF No. 103. No objections have been filed. The report and recommendation correctly concludes that the plaintiff’s conspiracy claim does not provide a basis to recover separate and apart from the underlying claims, that the plaintiff cannot recover against official-capacity defendants, and that the record presents genuine disputes of material fact on whether the defendants used excessive force against the plaintiff and he suffered more than de minimis injury as a result. Accordingly, IT IS ORDERED: Case No. 4:16cv113-RH/CAS Page 2 of 2 1. The report and recommendation is accepted and adopted as the court’s further opinion. 2. The defendants’ summary-judgment motion, ECF No. 83, is granted in part. The plaintiff’s conspiracy claim and claims against official-capacity defendants are dismissed. I do not direct the entry of judgment under Federal Rule of Civil Procedure 54(b). 3. The plaintiff’s summary-judgment motion, ECF No. 94, is denied. 4. The case is remanded to the magistrate judge for further proceedings. SO ORDERED on September 16, 2017. s/Robert L. Hinkle United States District Judge Case No. 4:16cv113-RH/CAS

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?