Key v. Fugitt et al

Filing 44

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)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF GEORGIA STATESBORO DIVISION RAMIE KEY, Plaintiff, CIVIL ACTION NO.: 6:14-cv-39 v. CHRISTOPHER KIGHT, Defendant. ORDER 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 were filed. 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. ยง 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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