Key v. Fugitt et al
ORDER adopting the 43 Magistrate Judge's Report and Recommendation as the opinion of the Court; granting Plaintiff's 30 Motion for Default Judgment; awarding total damages, fees, and costs in the amount of $289,367.59 against Defendant Kight and in favor of Plaintiff, as apportioned and outlined in the body of this Order. Signed by Judge J. Randal Hall on 3/24/2017. (jah)
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF GEORGIA
CIVIL ACTION NO.: 6:14-cv-39
After an independent and de novo review of the entire record, the undersigned concurs
with the Magistrate Judge's Report and Recommendation, (doc. 43), to which no Objections
Accordingly, the Court ADOPTS the Magistrate Judge's Report and
Recommendation as the opinion of the Court. The Court GRANTS Plaintiffs Motion for
Default and AWARDS total damages, fees, and costs in the amount of $289,367.59 against
Defendant Kight and in favor of Plaintiff. This award is apportioned as follows: $100,000.00 in
compensatory damages for physical pain and suffering and mental and emotional distress;
$25,000.00 for future medical expenses; $124,800.00 in lost income; $25,000.00 in punitive
damages; l $11,851.88 in attorney's fees; and costs in the amount of $2,715.71. Additionally,
pursuant to 42 U.S.C. § 1997e(d)(2), in the event Plaintiff recovers his award of compensatory
1 The Court specifically agrees with the Magistrate Judge that Plaintiff is entitled to the full amount of
punitive damages he requested, $25,000.00. Having reviewed the video of the incident, it is abundantly
clearthat Defendants, without provocation, swept Plaintiffs feet out from underneath him and then threw
Plaintiff, face-first, into the concrete floor, all while Plaintiffwas handcuffed. Such malicious conduct by
any individual, much less officers of the law, is reprehensible.
damages, $2,000.00 of that recovery shall be applied to satisfy the amount of attorney's fees
awarded against this Defendant.
SO ORDERED, this ^H^davofMarch, 2017.
HONORABLE J. RANDAL HALL
UNITED STATES DISTRICT JUDGE
DISTRICT OF GEORGIA
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