Toliver v. Dept. of Corrections et al

Filing 123

ORDER. IT IS HEREBY ORDERED that: 1. Magistrate Judge Francis's Report & Recommendation is adopted; and 2. Defendants' motion for partial summary judgment [doc. no. 102] is granted as to (1) plaintiff's excessive force and failure to i ntervene claims as against Captain Pressley, Captain Banks, and Officer McArdle, (2) plaintiff's deliberate indifference to medical need claims as against all defendants, and (3) plaintiff's destruction of property claim as against all defe ndants, and denied as to plaintiff's state law claims insofar as they relate to plaintiff's claim of excessive force by Officer Burton. re: 119 Report and Recommendations, 102 Motion for Partial Summary Judgment filed by McArdle, Banks, Pressley, Burton, Motions terminated: 102 MOTION for Partial Summary Judgment filed by McArdle, Banks, Pressley, Burton. (Signed by Judge Sidney H. Stein on 2/11/2014) (rjm)

Download PDF

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?