Green v. Simpson, et al

Filing 74

ORDER adopting 72 Report and Recommendations; granting in part and denying in part 64 Motion for Summary Judgment. Signed by Judge J. Randal Hall on 08/25/2016. (thb)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF GEORGIA AUGUSTA DIVISION RAMONE WILLIE GREEN, Plaintiff, CV 114-192 HAROLD SIMPSON, Correctional Officer I; JULIAN GREENAWAY, CERT Officer; RODGERICK NABORS, CERT Officer; JUSTIN WASHINGTON, CERT Officer; ANTONIO BINNS, CERT Officer; LENON BUTLER, CERT Officer; CLIFFORD BROWN, Correctional Officer I; DEVON PERRY, Correctional Officer; JOHN WILLIAMS, Blue Uniform Sgt; and, JERRY L. BEARD, Captain, Defendants. ORDER After a careful, de novo review of the file, the Court concurs with the Magistrate Judge's Report and Recommendation, to which no objections have been filed. Accordingly, the Court ADOPTS the Report and Recommendation of the Magistrate Judge as its opinion and GRANTS IN PART and DENIES IN PART Defendants' motion for summary judgment. (Doc. no. 64.) The Court grants summary judgment as to the deliberate indifference claim, the excessive force claim against Defendant Clifford Brown, and the excessive force claim against Defendants Simpson and Perry as it relates to their initial confrontation prior to the point of Plaintiff being handcuffed with both hands. The case shall proceedto trial on the excessive force claim as it relates to the allegations ofexcessive force after the handcuffing, both inside Building 14 and the elevator. SO ORDERED this^?<Sday of August, 2016, at Augusta, Georgia. HONORABLE J. RANDAL HALL JJNITED STATES DISTRICT JUDGE SOUTHERN DISTRICT OF GEORGIA

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