Garcia v. Davis et al

Filing 56

ORDER granting 47 Motion for Summary Judgment; adopting Report and Recommendations re 52 Report and Recommendations. Plaintiff's official capacity claims against Spotts, Blount and Sumrall are dismissed with prejudice as barred by sovereign immunity. Plaintiff's state law claims against Spotts, Blount and Sumrall are dismissed with prejudice as barred by state law immunity. Plaintiff's federal civil rights claims against Sumrall are dismissed with prejudice pursuant to qualified immunity. Plaintiff's excessive force claims against Spotts and Blount shall proceed. Signed by District Judge Louis Guirola, Jr. on 12/18/18. (RLW)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
SOUTHERN DIVISION
MELVIN GARCIA # 01403-748
v.

PLAINTIFF
CIVIL ACTION NO. 1:17cv26-LG-RHW

FLOYD SPOTTS, et al.

DEFENDANTS

ORDER ADOPTING REPORT AND RECOMMENDATION,
AND GRANTING MOTION FOR SUMMARY JUDGMENT
For the reasons stated in the [52] Report and Recommendation of the
Magistrate Judge filed September 24, 2018, and after an independent review of the
record, a de novo determination of the issues, and consideration of Plaintiff’s [54]
Response to the Report and Recommendation, and having determined that the
findings are correct under applicable law:
IT IS ORDERED AND ADJUDGED that the [47] Motion for Summary
Judgment filed by Defendants Floyd Spotts, Kerwin Blount, and Pease Sumrall, Jr.
is GRANTED. Plaintiff’s official capacity claims against Spotts, Blount and
Sumrall are DISMISSED with prejudice as barred by sovereign immunity.
Plaintiff’s state law claims against Spotts, Blount and Sumrall are DISMISSED
with prejudice as barred by state law immunity. Plaintiff’s federal civil rights
claims against Sumrall are DISMISSED with prejudice pursuant to qualified
immunity. Plaintiff’s excessive force claims against Spotts and Blount shall
proceed.

SO ORDERED AND ADJUDGED this the 18th day of December, 2018.

s/

Louis Guirola, Jr.

LOUIS GUIROLA, JR.
UNITED STATES DISTRICT JUDGE