Weathington v. United States et al

Filing 29

JUDGMENT ADOPTING the 23 Report and Recommendations of the magistrate judge in re: 18 Motion to Dismiss and 19 Motion to Dismiss. ORDERED the complaint against Lt Transou is DISMISSED WITHOUT PREJUDICE. ORDERED defendants' motion for sum mary judgment on the Bivens claims is GRANTED and the Bivens claims against Warden Keffer, Valdez, Lonidier (now Brown), Trull and Stevens are DENIED AND DISMISSED WITH PREJUDICE. ORDERED the United States' motion for summary judgment is GRANTE D and Weathington's request for punitive damages under the FTCA is DENIED AND DISMISSED WITH PREJUDICE. ORDERED the United States' motion for summary judgment as to Weathington's FTCA claim for assault/battery is GRANTED and Weathingt on's FTCA claim for assault/battery is DENIED AND DISMISSED WITH PREJUDICE. ORDERED the United States' motion for summary judgment as to Weathington's FTCA claim for failure to protect is DENIED. Signed by Judge Dee D Drell on 03/30/2011. (crt,Leleux, M)

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