MOODY v. SHOULTS et al

Filing 74

ORDER ADOPTING 72 Report and Recommendations; and GRANTING in part and DENYING in part 61 Motion for Summary Judgment. Plaintiff is permitted to pursue his Eighth Amendment claims for nominal damages, but not for compensatory or punitive damages. Ordered by US DISTRICT JUDGE MARC THOMAS TREADWELL on 2/16/2018. (tlh)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
MACON DIVISION

JEREMY MOODY,
Plaintiff,
v.
SAMANTHA SHOULTES,

Defendant.

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CASE NO. 5:15-CV-325(MTT)

ORDER
United States Magistrate Judge Charles H. Weigle recommends granting in part
and denying in part Defendant Shoultes’s motion for summary judgment (Doc. 61), so
that the Plaintiff be permitted to pursue his Eighth Amendment conditions of
confinement and excessive force claims for nominal damages, but not for compensatory
or punitive damages. Doc. 72. The Defendant has objected to the Recommendation.
Doc. 73. The Plaintiff has not objected. Pursuant to 28 U.S.C. § 636(b)(1), the Court
has thoroughly considered the Defendant’s objections and made a de novo
determination of the portions of the Recommendation to which the she objects. The
Court has reviewed the Recommendation, and the Court accepts and adopts the
findings, conclusions, and recommendations of the Magistrate Judge. The
Recommendation is ADOPTED and made the order of this Court. Accordingly, the
Defendant’s motion for summary judgment (Doc. 61) is GRANTED in part and DENIED
in part, so that the Plaintiff is permitted to pursue his Eighth Amendment claims for
nominal damages, but not for compensatory or punitive damages.

SO ORDERED, this 16th day of February, 2018.
S/ Marc T. Treadwell
MARC T. TREADWELL, JUDGE
UNITED STATES DISTRICT COURT

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