Miller v. City of East Mountain et al

Filing 149

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 141 Report and Recommendations, 142 Report and Recommendations. Signed by District Judge Rodney Gilstrap on 3/27/2019. (nkl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
MARSHALL DIVISION
KENNETH CRAIG MILLER,
Plaintiff,
v.
CITY OF EAST MOUNTAIN ET AL,
Defendants.

§
§
§
§
§
§
§
§
§

Case No. 2:17-CV-00496-JRG-RSP

ORDER
Magistrate Judge Roy Payne previously entered two Report and Recommendations.
The first Report and Recommendation (Dkt. No. 141) recommended that Defendant’s
Motion to Dismiss certain claims under Rule 12(b)(1) and Rule 12(b)(6) (Dkt. No. 94)
should be granted in full. The second Report and Recommendation (Dkt. No. 142) was
directed to a motion for summary judgment of certain claims against the Individual
Defendants on the basis of qualified immunity (Dkt. No. 108), and that Report and
Recommendation recommended that the Motion be granted in part. Specifically, the
Magistrate Judge recommended the denial of summary judgment for claims of unlawful
detention, unlawful arrest, unreasonable seizure of property, and denial of the right to
medical care against Defendant Terry Wayne Davis. The Magistrate Judge recommended
that all other claims challenged in the summary judgment motion be granted.
Now before the Court are the Plaintiff Kenneth Craig Miller’s Objections (Dkt. No.
147) to the aforementioned Report and Recommendations. Further before the Court is

1/2

Defendant Terry Wayne Davis’ Objection (Dkt. No. 148) to the Report and
Recommendation on Qualified Immunity (Dkt. No. 142).
After reviewing the objected to portions of Magistrate Judge Payne’s Report
and Recommendations de novo, the undersigned finds that both Report and
Recommendations should be, and are hereby, ADOPTED. Accordingly, Defendants’
Motion to Dismiss certain claims under Rule 12(b)(1) and 12(b)(6) is GRANTED.
Further, Defendants’ Motion for Summary Judgment based on Qualified Immunity is
GRANTED IN PART. The Motion is DENIED for claims of unlawful detention,
unlawful arrest, unreasonable seizure of property, and denial of the right to medical care
against Defendant Terry Wayne Davis, but the remaining claims that are challenged in
the Motion are DISMISSED.

So Ordered this
Mar 27, 2019

2/2