Myers et al v. TransCor America, Inc. et al

Filing 442

ORDER: For the reasons expressed in the accompanying Memorandum, the Objections to Report and Recommendation filed by defendant TransCor America, LLC 439 and by plaintiff Mark Mumley 436 are OVERRULED. The Report and Recommendation 429 is ACCEP TED and made the findings of fact and conclusions of law of this court. For the reasons expressed therein and herein, it is hereby ORDERED that the Motion to Dismiss filed by plaintiff Michael Myers 406 is GRANTED and that Myers's claims are h ereby DISMISSED with prejudice. It is further ORDERED that the Motion for Summary Judgment filed by defendant TransCor America, LLC 331 is GRANTED IN PART and DENIED IN PART. The claims of plaintiffs Gregory Penn and Mark Mumley are hereby DISMISS ED with prejudice; the claims of plaintiff Robert Neale are hereby DISMISSED with prejudice to the extent that they are premised on state law or constitute Eighth Amendment "conditions of confinement" claims; and plaintiff Neale's Eighth Amendment excessive force claims will move forward for trial. This case is returned to the Magistrate Judge for further handling under the original referral order. Signed by District Judge Aleta A. Trauger on 9/30/10. (dt)

Myers et al v. TransCor America, Inc. et al

Doc. 442

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF TENNESSEE NASHVILLE DIVISION MICHAEL MYERS, ROBERT G. NEALE, MARK B. MUMLEY, and GREGORY PENN, Plaintiffs, v. TRANSCOR AMERICA, LLC, BILL BREES, and JOHN DOE GUARDS, Defendants. ) ) ) ) ) ) ) ) ) ) )

Case No. 3:08-295 Judge Trauger

ORDER For the reasons expressed in the accompanying Memorandum, the Objections to Report and Recommendation filed by defendant TransCor America, LLC (Docket No. 439) and by plaintiff Mark Mumley (Docket No. 436) are OVERRULED. The Report and Recommendation (Docket No. 429) is ACCEPTED and made the findings of fact and conclusions of law of this court. For the reasons expressed therein and herein, it is hereby ORDERED that the Motion to Dismiss filed by plaintiff Michael Myers (Docket No. 406) is GRANTED and that Myers's claims are hereby DISMISSED with prejudice. It is further ORDERED that the Motion for Summary Judgment filed by defendant TransCor America, LLC (Docket No. 331) is GRANTED IN PART and DENIED IN PART. The claims of plaintiffs Gregory Penn and Mark Mumley are hereby DISMISSED with prejudice; the claims of plaintiff Robert Neale are hereby DISMISSED with prejudice to the extent that they are premised on state law or constitute Eighth Amendment "conditions of confinement" claims; and plaintiff Neale's Eighth

Dockets.Justia.com

Amendment excessive force claims will move forward for trial. This case is returned to the Magistrate Judge for further handling under the original referral order. It is so Ordered. Entered this 30th day of September 2010. _____________________________ ALETA A. TRAUGER United States District Judge