Newkirk v. Enzor et al

Filing 89

ORDER RULING ON REPORT AND RECOMMENDATION: The Court ADOPTS pages 2-3 and page 20 of the R&R (Dkt. No. 80 ), DENIES in part and GRANTS in part the Motion for Summary Judgment as to Defendant Enzor (Dkt. No. 64 ), and DENIES in part and GRANTS in part the Motion for Summary Judgment as to Defendant SCDPS. (Dkt. No. 65 ). The case will therefore proceed on the Section 1983 excessive force claim against Defendant Enzor, and on the state tort claims of assault, battery, and negligence/gross negligence/recklessness. The claims for unlawful arrest, malicious prosecution, and false imprisonment are dismissed. AND IT IS SO ORDERED. Signed by Honorable Richard M Gergel on 6/19/2015. (mcot, )

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