Ajibade et al v. Harris et al
Filing
164
ORDER granting in part and denying in part 113 Motion for Partial Summary Judgment. Defendant Wilcher's motion with respect to Plaintiffs' assault and battery claim, and 42 U.S.C. 1983 excessive force claim is GRANTED and these claims are DISMISSED. However, Defendant Wilcher's request for summary judgment as to Plaintiffs' wrongful death claim is DENIED. As a result, Defendant Wilcher is entitled to summary judgment on Counts four and six. Defendant Wilcher is not entitled to summary judgment on Plaintiffs' claim in Count Five for wrongful death. Signed by Judge William T. Moore, Jr on 1/25/18. (loh)
IN THE UNITED STATES DISTRICT COURT FOR
THE SOUTHERN DISTRICT OF GEORGIA
SAVANNAH DIVISION
SOLOMAN OLUDAMISI AJIBADE, as
U. S. DISTRICT COUPT
Southorn DIstrlcl o1 Ga.
natural parent of Mathew
Ajibade; and ADENIKE HANNAH
AJIBADE, as natural parent of
Mathew Ajibade; THE ESTATE OF
Filed in Office
MATHEW AJIBADE; and CHRIS
OLADAPO, executor;
^uly Claris
Plaintiffs,
CASE NO. CV416-082
V.
JOHN WILCHER, in his official
capacity as Chatham County
Sheriff; CORIZON HEALTH, INC.,
CORIZON LLC; GREGORY BROWN;
FREDERICK BURKE; ABRAM BURNS;
MARK CAPERS; MAXINE EVANS;
ANDREW EVANS-MARTINEZ; PAUL
FOLSONE; DEBRA JOHNSON; JASON
KENNY; and ERIC VINSON;
Defendants.
ORDER
Before
the
Court
is
Defendant
John
Wilcher's
Motion
for
Partial Summary Judgment. (Doc. 113.) In his motion. Defendant
Wilcher contends that he is entitled to partial summary judgment
on
three
counts
of
Plaintiffs'
amended
complaint.
For
the
following reasons, his motion is GRANTED IN PART and DENIED IN
PART.
Defendant
Wilcher's
motion
with
respect
to
Plaintiffs'
assault and battery claim, and 42 U.S.C. ยง 1983 excessive force
claim
is
GRANTED
and
these
claims
are
DISMISSED.
However,
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