Lane v. Fraley et al

Filing 55

ORDER ADOPTING 52 Report and Recommendation; GRANTING IN PART and DENYING IN PART Defendants' 45 Motion for Summary Judgment; GRANTING Plaintiff's 50 Motion to Appoint Counsel. Signed by Judge Thomas W. Thrash, Jr on 7/13/2017. (btql)

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION RODNEY MANYON LANE, Plaintiff, v. CIVIL ACTION FILE NO. 1:15-CV-3298-TWT SGT. A. FRALEY, et al., Defendants. ORDER This is a pro se prisoner civil rights action. It is before the Court on the Report and Recommendation [Doc. 52] recommending granting in part and denying in part the Defendants’ Motion for Summary Judgment [Doc. 45]. The Magistrate Judge correctly applied relevant Supreme Court and Eleventh Circuit caselaw regarding the Plaintiff’s excessive force claim. The Court approves and adopts the Report and Recommendation as the judgment of the Court. The Defendants’ Motion for Summary Judgment [Doc. 45] is GRANTED with respect to the Plaintiff’s medical indifference claim and DENIED with respect to his excessive force claim. T:\ORDERS\15\Lane\r&r2.wpd SO ORDERED, this 13 day of July, 2017. /s/Thomas W. Thrash THOMAS W. THRASH, JR. United States District Judge T:\ORDERS\15\Lane\r&r2.wpd -2-

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