OLIVER v. GAFFORD, et al

Filing 174

ORDER ADOPTING REPORT AND RECOMMENDATION granting in part and denying in part 118 Motion for Summary Judgment. This matter is remanded to the Magistrate for further proceedings. Signed by William Terrell Hodges on 6/26/17. (bkp)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF FLORIDA
PANAMA CITY DIVISION

WARREN OLIVER,
PLAINTIFF,
-vs-

Case No. 5:15-cv-00153-WTH-GRJ

SGT. GAFFORD, et al.,
DEFENDANTS.
______________________________/
ORDER
This cause comes on for consideration upon the Magistrate Judge's Report and
Recommendation dated May 1, 2017. (Doc. 157). 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). Plaintiff has filed
objections at Doc. 161. I have made a de novo review based on those objections.
Having considered the Report and Recommendation, and the timely filed objections, I
have determined that the Report and Recommendation should be adopted.
Accordingly, it is hereby ORDERED AND ADJUDGED:
1.

2.

The magistrate judge’s Report and Recommendation is adopted and
incorporated by reference in this order.
Defendants’ Motion for Partial Summary Judgment, ECF No. 118, is
GRANTED IN PART AND DENIED IN PART.

Page 2 of 2 

3.

Defendants Burdeshaw, Gafford, Jones, and Silcox’s motion for summary
judgment on Plaintiff’s claims of physical assault is DENIED. Defendants’
motion for summary judgment with regard to all other claims against them
addressed in their motion for partial summary judgment is GRANTED.
Further, Plaintiff will not be permitted to recover compensatory and punitive
damages, but may be permitted to recover nominal damages if he
succeeds on any of his claims that his constitutional rights were violated.

4.

This matter is remanded to the Magistrate Judge for further proceedings.

IT IS SO ORDERED.
DONE and ORDERED at Gainesville, Florida this 26th day of June, 2017.

Case No: 5:15‐cv‐00153‐WTH‐GRJ