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. § 1983 excessive force
claim

is

GRANTED

and

these

claims

are

DISMISSED.

However,