Campbell v. Harvill et al

Filing 43

ORDER ADOPTING 41 Report and Recommendations and DENYING 29 Motion for Summary Judgment. Ordered by Judge Marc Thomas Treadwell on 3/19/2012. (tlh)

IN THE UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF GEORGIA
MACON DIVISION
KIRK C. CAMPBELL,

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)
Plaintiff,
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v.
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THOMAS HARVILL, et. al,
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Defendants.
)
_________________________________)

CIVIL ACTION NO. 5:10-CV-303 (MTT)

ORDER
This matter is before the Court on the Recommendation of United States
Magistrate Judge Charles H. Weigle. (Doc. 41). The Magistrate Judge recommends
denying the Defendants’ Motion for Summary Judgment because there is a genuine
issue of material fact whether Defendants Thomas Harvill, Barclay Banta, Curtis Carter,
Alexander Daniels, and Chad Littlejohn applied excessive force and whether
Defendants David Etheridge, Dwain Williams, and Jesse Floyd failed to protect the
Plaintiff.1 The Defendants filed an objection to the Recommendation. (Doc. 42).
Pursuant to 28 U.S.C. § 636(b)(1), the Court has thoroughly considered the Objection
and has made a de novo determination of the portions of the Recommendation to which
the Defendants object.
The Court accepts and adopts the findings, conclusions and recommendations of
the Magistrate Judge. The Motion is DENIED.

1

Defendants Dickerson and Gates have not been served, and thus they are not parties to this
action.

SO ORDERED, this the 19th day of March, 2012.
S/ Marc T. Treadwell
MARC T. TREADWELL, JUDGE
UNITED STATES DISTRICT COURT

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