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)

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