Cook v. McCabe et al

Filing 59

ORDER RULING ON REPORT AND RECOMMENDATION: the Court adopts the R&R 38 in part. Accordingly, the Court grants in part and denies in part Defendants' motion for summary judgment. The Court grants Defendants' motion on all grounds except for Plaintiff's Fourth Amendment invasion of privacy claim (Dkt. No. 27 ). Accordingly, the Court dismisses Plaintiff's Excessive Force and Due Process claims. Furthermore, because Plaintiff's invasion of privacy claim involves only Defendants Nettles, Skipper, McGhee, Miller, Mazyck, and Cole, the Court dismisses Defendant McCabe as a defendant in this action. Finally, because Defendants are entitled to Eleventh Amendment Immunity, Defendants Nettles, Skipper, McGhee, Miller, Mazyck, and Cole remain subject to suit only in their personal capacity. Signed by Honorable Richard M Gergel on 7/11/2013. (mcot, )

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