Toliver v. Dept. of Corrections et al
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)
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