OLIVER v. GAFFORD, et al

Filing 223

ORDER ADOPTING 216 , 217 REPORTS AND RECOMMENDATIONS; granting 164 MOTION for Summary Judgment; granting 178 MOTION for Partial Summary Judgment. Signed by William Terrell Hodges on 4/24/2018. The Clerk should NOT enter a j udgment in Davis' favor at this time. Nothing in this order affects plaintiff's remaining claims against defendants Gafford, Jones, Burdeshaw, or Silcox. This matter is remanded to the Magistrate Judge for further proceedings. The Clerk is directed to change the case style and all references to "Burdshaw" to reflect the proper spelling: "Burdeshaw." (kdm)

IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
PANAMA CITY DIVISION
WARREN OLIVER,
Plaintiff,
v.

CASE NO. 5:15-cv-00153-WTH-GRJ

SGT. GAFFORD, et al.,
Defendants.
_____________________________/
ORDER ADOPTING REPORTS AND RECOMMENDATIONS
This cause comes on for consideration upon two of the Magistrate Judge's
Reports and Recommendations dated January 9, 2018, and February 1, 2018. (ECF
No. 216, 217, respectively). The parties have been furnished a copy of the Reports and
Recommendations 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 ECF No.
219 and ECF No. 221. Defendant Davis has filed a Response to plaintiff’s Objection at
ECF No. 222. I have made a de novo determination of any timely filed objections.
Having considered the Reports and Recommendations, any objections thereto timely
filed, and any responses, I have determined that the Reports and Recommendations
should be adopted.
Accordingly, it is now ORDERED AND ADJUDGED as follows:

1.

The Magistrate Judge’s Reports and Recommendations are adopted and
incorporated by reference in this order.

2.

Defendant Davis’ Motion for Summary Judgment, ECF No. 164, is
GRANTED in favor of defendant Davis. Consequently, defendant Davis is
removed as a defendant in this case. The Clerk should NOT enter a
judgment in Davis’ favor at this time.

3.

Defendant May’s Motion for Partial Summary Judgment, ECF No. 178, is
GRANTED in favor of defendant May. Accordingly, the only remaining
claims against Officer May are plaintiff’s claims regarding the use of
chemical agents and physical assault.

4.

Further, plaintiff will not be permitted to recover compensatory or punitive
damages, but may be permitted to recover nominal damages if he succeeds
on any of his claims that his constitutional rights were violated.

5.

Nothing in this order affects plaintiff’s remaining claims against defendants
Gafford, Jones, Burdeshaw, or Silcox.

6.

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

7.

The Clerk is directed to change the case style and all references to
“Burdshaw” to reflect the proper spelling: “Burdeshaw.” See ECF No. 76 at
1, fn. 2.

24th
DONE and ORDERED at Gainesville, Florida this ____ day of April, 2018.