Ross v. Scott et al

Filing 32

ORDER denying 30 Motion for Reconsideration. Signed by Magistrate Judge F. Keith Ball on 10/24/12 (dfk)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
JACKSON DIVISION

JONATHAN RASHAD ROSS

PLAINTIFF

VS.

CIVIL ACTION NO. 3:10cv296-FKB

ERIC SCOTT AND TANAKA PETTIS

DEFENDANTS

ORDER
This cause is before the Court on Defendants’ motion for reconsideration of the
Court’s order denying summary judgment. The Court finds that there is no basis for
reconsideration of the order. As previously explained, Plaintiff has come forward with
evidence that Defendant Scott sprayed him with a chemical agent without provocation and
that Defendant Pettis hit him in the face with a closed fist, again without provocation.
According to Plaintiff, when he attempted to escape, these officers assaulted him, with
Defendant Pettis continuing to strike him even after he was handcuffed. This evidence, if
true, would clearly be sufficient to establish all of the elements of an excessive force claim
under the Fourteenth Amendment and to overcome Defendants’ qualified immunity
defense. For this reason, the motion is denied.
So ordered, this the 24th day of October, 2012.

/s/ F. Keith Ball
UNITED STATES MAGISTRATE JUDGE