Windhom v. Wallace

Filing 24

ORDER ADOPTING 23 Report and Recommendations and GRANTING 17 Motion for Summary Judgment. Ordered by Judge Marc Thomas Treadwell on 8/3/2012. (tlh)

IN THE UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF GEORGIA
MACON DIVISION
ERROL M. WINDHOM,

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Plaintiff,
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v.
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JAMES C. WALLACE,
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Defendant.
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_________________________________ )

CIVIL ACTION NO. 5:11-CV-43 (MTT)

ORDER
This matter is before the Court on United States Magistrate Judge Charles H.
Weigle’s Recommendation to Grant the Defendant’s Motion for Summary Judgment.
(Doc. 23). The Magistrate Judge recommends granting the Motion because the
Plaintiff’s disobedience warranted the Defendant’s use of pepper spray and the
Defendant was not deliberately indifferent by dragging the Plaintiff to the shower for
decontamination.1 Further, the Magistrate Judge recommends granting the Motion
because the Defendant was not aware of the Plaintiff’s need for medical treatment and
the Plaintiff did not receive further injury from being dragged. The Plaintiff did not file an
objection to the Recommendation.
The Court has reviewed the Recommendation, and the Recommendation is
adopted and made the order of this Court. The Motion is GRANTED.
SO ORDERED, this 3rd day of August, 2012.
S/ Marc T. Treadwell
MARC T. TREADWELL, JUGE
UNITED STATES DISTRICT COURT
1

Although the Recommendation states that Officer Johnny Hardy helped drag the Plaintiff, for
the purpose of the Motion, the Court must assume the Defendant acted alone.