Spillman v. Russell et al

Filing 52

JUDGMENT adopting 51 Report and Recommendation of the Magistrate Judge granting in part and denying in part 39 Motion for Summary Judgment. Plaintiff's claims against Sheriff Russell, Warden Johnson and Nurse Norman in their official capa cities are Dismissed With Prejudice. Plaintiff's claims against Sheriff Russell and Warden Johnson in their personal capacities are Dismissed With Prejudice. Plaintiff's deliberate indifference claim against Nurse Norman for the failure to treat his condition, providing inadequate medication, and the refusal to send him to an orthopedic specialist is DISMISSED WITH PREJUDICE. Defendants motion is DENIED to the extent it seeks dismissal of Plaintiffs deliberate indifference claim against Nurse Norman for confiscating Plaintiffs leg brace. Signed by Judge Terry A Doughty on 8/14/2019. (crt,Crawford, A)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF LOUISIANA
MONROE DIVISION

STEVEN L. SPILLMAN

*

CIVIL ACTION NO. 18-0647

vs.

*

JUDGE TERRY A. DOUGHTY

JAY RUSSELL ET AL.

*

MAG. JUDGE KAREN L. HAYES

JUDGMENT
The Report and Recommendation of the Magistrate Judge having been considered, no
objections having been filed, and finding that same is supported by the law and the record in this
matter,
IT IS ORDERED that Defendants’ motion for summary judgment [doc. # 39] is
GRANTED IN PART and DENIED IN PART.
IT IS FURTHER ORDERED that the claims asserted against Sheriff Russell, Warden
Johnson, and Nurse Norman in their official capacities are DISMISSED WITH PREJUDICE.
IT IS FURTHER ORDERED that the claims asserted against Sheriff Russell and
Warden Johnson in their individual capacities are DISMISSED WITH PREJUDICE.
IT IS FURTHER ORDERED that Plaintiff’s deliberate indifference claim against
Nurse Norman for the failure to treat his condition, providing inadequate medication, and the
refusal to send him to an orthopedic specialist is DISMISSED WITH PREJUDICE.
IT IS FURTHER ORDERED that Defendants’ motion is DENIED to the extent it
seeks dismissal of Plaintiff’s deliberate indifference claim against Nurse Norman for
confiscating Plaintiff’s leg brace.

THUS DONE AND SIGNED this 14th day of August, 2019, in Monroe, Louisiana.

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TERRY A. DOUGHTY
UNITED STATES DISTRICT JUDGE