Palmer v. Owens et al
Filing
48
ORDER adopting in part 43 Report and Recommendations and granting in part and denying in part 30 Motion for Summary Judgment. Defendant Ruger is Dismissed from this action. Ordered by Judge C. Ashley Royal on 9/22/2011 (lap)
IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
MACON DIVISION
CHARLES A. PALMER,
:
:
Plaintiff,
:
Civil Action No. 5:09‐cv‐326
:
v.
:
PROCEEDINGS UNDER
:
42 U.S.C. § 1983
Officer RICE, DAVID WOOD, and
:
RONALD RUGER,
:
:
Defendants.
:
___________________________________
ORDER ON UNITED STATES MAGISTRATE JUDGE’S REPORT AND
RECOMMENDATION
Before the Court is the United States Magistrate Judge’s Recommendation [Doc.
43] that Defendants’ Motion for Summary Judgment be denied. The Defendants filed
an Objection to the Recommendation [Doc. 44]. Having considered Defendants’
Objections and having investigated those matters de novo, this Court agrees with
the findings and conclusions of the United States Magistrate Judge that summary
judgment should be denied as to Defendants OFFICER RICE and DAVID
WOOD. However, the Court finds there is insufficient evidence to support a
claim against Defendant RONALD RUGER. Thus, the Recommendation [Doc. 43] is
HEREBY ADOPTED IN PART, and Defendants’ Motion for Summary Judgment [Doc.
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30] is GRANTED IN PART, and DENIED IN PART. Defendant RUGER is hereby
DISMISSED from this action.
In this case, Plaintiff alleges all three Defendants used excessive force against him
in violation of the Eighth Amendment during a response to a prison disturbance at
Baldwin State Prison on January 12, 2009, where Plaintiff was incarcerated. As the
Recommendation explains, the evidence in this case presents genuine issues of material
fact regarding the force used by Defendants Rice and Wood, thereby precluding
summary judgment for them. The Court, however, finds Plaintiff has failed to present
sufficient evidence to maintain a claim against Defendant Ruger.
In their Objection, Defendants raise two arguments to support their contention
that the Recommendation is erroneous. First, Defendants argue they are entitled to
summary judgment because the medical evidence contradicts Plaintiff’s claim that he
was beaten. Although, as the Recommendation specifically observes, the medical
evidence in this case raises questions about the credibility of Plaintiff’s testimony, it is
not sufficient to negate Plaintiff’s testimony altogether and warrant summary judgment
for Defendants. Moreover, Plaintiff’s injuries are inconsistent with Defendants’ version
of the facts, and Defendants’ contention that Plaintiff’s injuries were self‐inflicted is
speculative.
Second, Defendants argue that Plaintiff has produced insufficient evidence to
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identify Defendants as the officers who participated in the beating. The Court agrees
with the Recommendation that there is enough evidence to create a genuine issue of
material fact as to Defendants Wood and Rice. At his deposition, Plaintiff testified that
he was able to identify Defendant Rice as one of his attackers. Although Plaintiff was
only able to identify the others by physical description (it was in response to the Court’s
order that the Warden identified Wood and Ruger as officers who were present at the
riot and who matched the physical descriptions provided by Plaintiff. See Doc. 17),
Defendant Wood admits that he escorted Plaintiff to segregation after the riot. Plaintiff
submitted an unsigned and unsworn statement purporting to be from a fellow inmate,
who states that he saw Rice and Wood beating Plaintiff. Although this statement is
unsworn, it is corroborated by Plaintiff’s identification of Rice and Wood’s admission
that he was the officer who escorted Plaintiff to segregation immediately after the riot.
This evidence is enough to create a genuine issue of material fact. Defendant Ruger,
however, is identified by name only in the Warden’s report to the Court. Thus, there is
insufficient evidence to support a claim against him.
CONCLUSION
For the foregoing reasons, the Recommendation [Doc. 43] is HEREBY
ADOPTED IN PART, and Defendants’ Motion for Summary Judgment [Doc. 30]
is GRANTED IN PART, and DENIED IN PART. Defendant RUGER is hereby
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DISMISSED from this action.
SO ORDERED, this 22nd day of September, 2011.
SSH
S/ C. Ashley Royal
C. ASHLEY ROYAL
UNITED STATES DISTRICT JUDGE
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