Burfitt v. Bear et al

Filing 78

ORDER ADOPTING 73 REPORT AND RECOMMENDATIONS it is ORDERED that defendants motion for summary judgment (Doc. 66) is GRANTED only in part on qualified immunity grounds for certain claims, and in whole as to Defendant Sammons. It is further ORDERED that the motion is DENIED as to Defendant Bear for the March 27, 2015 incident, and DENIED as to Defendant Felts for the May 7, 2015 incident, based upon genuine issues of material fact concerning whether plaintiff or defendants initiated the physical altercations on those dates. Signed by Judge Susan J. Dlott on 7/21/2017. (jlw)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION

Lawrence R. Burfitt,
Plaintiff(s),
vs.
Sgt. Bear, et al.,
Defendant(s).

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Case Number: 1:15cv730
Judge Susan J. Dlott

ORDER
This matter is before the Court pursuant to the Order of General Reference in the United
States District Court for the Southern District of Ohio Western Division to United States
Magistrate Judge Stephanie K. Bowman. Pursuant to such reference, the Magistrate Judge
reviewed the pleadings and filed with this Court on May 31, 2017 a Report and
Recommendation (Doc. 73). Subsequently, the defendant filed objections to such Report and
Recommendation (Doc. 74) and plaintiff filed a response to the objections (Doc. 77).
The Court has reviewed the comprehensive findings of the Magistrate Judge and
considered de novo all of the filings in this matter. Upon consideration of the foregoing, the
Court does determine that such Recommendation should be adopted.
Accordingly, it is ORDERED that defendant’s motion for summary judgment (Doc. 66)
is GRANTED only in part on qualified immunity grounds for certain claims, and in whole as to
Defendant Sammons.
It is further ORDERED that the motion is DENIED as to Defendant Bear for the March
27, 2015 incident, and DENIED as to Defendant Felts for the May 7, 2015 incident, based upon
genuine issues of material fact concerning whether plaintiff or defendants initiated the physical

altercations on those dates.
IT IS SO ORDERED.

___s/Susan J. Dlott___________
Judge Susan J. Dlott
United States District Court