Hickson v. Hebert et al

Filing 70

RULING Adopting 69 Report and Recommendation of the U.S. Magistrate Judge. 48 Motion for Partial Summary Judgment of Defendant, Gabriel Hebert, and 60 Motion for Summary Judgment of Defendants, Burl Cain and Troy Poret, are granted, dismissing the Plaintiff's claims asserted against Defendants Cain and Poret in their entirety and dismissing the Plaintiff's claim asserted against Defendant, Gabriel Hebert, regarding an alleged deprivation of a shower on 4/16/2013, without prejudi ce, for failure to exhaust administrative remedies as mandated by 42 U.S.C. § 1997e. Further, this matter is referred back for further proceedings in connection with the Plaintiff's claim for monetary damages asserted against Defendant, Gabriel Hebert, in the Defendant's individual capacity, for alleged excessive force in violation of the Eighth Amendment to the United States Constitution. Signed by Judge Shelly D. Dick on 02/02/2015. (BCL)

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