Spencer v. Rosso et al

Filing 139

OPINION Adopting the 135 Report and Recommendation of the U.S. Magistrate Judge. The 113 Motion for Summary Judgment is granted in part and denied in part, and referred back to the Magistrate Judge for further proceedings. Signed by Judge John W. deGravelles on 6/15/2016. (LLH)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA

EDMOND SPENCER (#253212)
CIVIL ACTION
VERSUS
WILLIAM ROSSO, ET AL.

NO. 15-78-JWD-RLB

OPINION
After independently reviewing the entire record in this case and for reasons set forth in the
Magistrate Judge's Report issued May 20, 2016 to which an objection was filed:
IT IS ORDERED the Defendants’ Motion for Summary Judgment (R. Doc. 113) is
granted in part, and that the Plaintiff’s claims against Defendant Cain for deliberate indifference
to his serious medical needs and his requests for declaratory and injunctive relief asserted against
Defendant Cain be dismissed.
IT IS FURTHER ORDERED that the Defendants’ Motion is denied as to the Plaintiff’s
claims of excessive force and retaliation asserted against Defendants Rosso, Menzina, Richardson,
and Zeringue, and this matter referred back to the undersigned for further proceedings.
Signed in Baton Rouge, Louisiana, on June 15, 2016.

S

JUDGE JOHN W. deGRAVELLES
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA