Brigham v. The Texas Department of Criminal Justice et al

Filing 32

ORDER adopting 31 Report and Recommendations. The 22 Motion to Dismiss filed by Wiley West, Marvin Davis, Malcolm Hawkins, Brandon Holloway, Officer Bowman, Kevin Jones, Cali Morgan is denied. The 21 Motion to Dismiss filed by William Stephens, The Texas Department of Criminal Justice is granted in part/denied in part. Signed by Judge Ron Clark on 9/28/16. (tkd, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
BEAUMONT DIVISION
JIMMY R. BRIGHAM, SR.

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VS.

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TEXAS DEPARTMENT OF CRIMINAL
JUSTICE, et al.,

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CIVIL ACTION NO. 1:15-CV-440

ORDER ADOPTING THE MAGISTRATE
JUDGE’S REPORT AND RECOMMENDATION
Plaintiff, Jimmy R. Brigham, Sr., an inmate formerly confined at the Eastham Unit with the
Texas Department of Criminal Justice, Correctional Institutions Division, proceeding with counsel,
filed the above-referenced civil rights action pursuant to 42 U.S.C. § 1983 and the Americans with
Disabilities Act against defendants the Texas Department of Criminal Justice (“TDCJ”), William
Stephens, the Director of the Criminal Institutions Division, Cali Morgan, Robert Bowman, Kevin
Jones, Malcolm Hawkins, Marvin Davis, Wiley West, and Brandon Holloway.
The court referred this matter to the Honorable Keith Giblin, United States Magistrate Judge,
at Beaumont, Texas, for consideration pursuant to applicable laws and orders of this court. The
Magistrate Judge recommends the following: (1) defendants Morgan, Bowman, Jones, Hawkins,
Davis, West and Holloway’s Motion to Dismiss filed pursuant to Federal Rule of Civil Procedure
12(b)(6) be denied; (2) defendant TDCJ’s Motion to Dismiss filed pursuant to Federal Rule of Civil
Procedure 12(b)(6) with respect to injunctive relief under § 1983 be granted; (3) defendant Stephen’s
Motion to Dismiss filed pursuant to Federal Rule of Civil Procedure 12(b)(6) with respect to
injunctive relief under § 1983 be denied; and (4) defendant TDCJ and Stephen’s Motion to Dismiss
filed pursuant to Federal Rule of Civil Procedure 12(b)(6) with respect to plaintiff’s ADA claims be
granted.
The court has received and considered the Report and Recommendation of United States
Magistrate Judge filed pursuant to such order, along with the record, and pleadings. No objections
to the Report and Recommendation of United States Magistrate Judge have been filed to date.

ORDER
Accordingly, the findings of fact and conclusions of law of the Magistrate Judge are
correct, and the report of the Magistrate Judge is ADOPTED.
So ORDERED and SIGNED this 28 day of September, 2016.

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Ron Clark, United States District Judge

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