Dwyer v. Corinth et al

Filing 107

MEMORANDUM ADOPTING REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE for: GRANTING 68 Motion for Summary Judgment filed by Craig Hubbard, GRANTING 66 Motion for Summary Judgment filed by The City of Corinth, 104 Report and Recomm endations, GRANTING 67 Motion for Summary Judgment filed by Carson Crowe, GRANTING IN PART DENIED IN PART 69 Motion for Summary Judgment filed by Kevin Tyson. Plaintiffs cause of action for failure to intervene is dismissed. Plaintiffs cause of action for use of excessive force is not dismissed. Signed by Judge Michael H. Schneider on 8/18/10. (cm, )

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-ALM Dwyer v. Corinth et al Doc. 107 United States District Court E A S T E R N DISTRICT OF TEXAS S H E R M A N DIVISION DEANNA DWYER, INDIVIDUALLY AND AS NEXT FRIEND FOR BLAKE DWYER, A MINOR V. CITY OF CORINTH, TEXAS, A TEXAS HOME RULE CITY, DEBRA BRADLEY, CHIEF OF POLICE OF THE CITY OF CORINTH, KEVIN TYSON, A POLICE OFFICER FOR THE CITY OF CORINTH, CRAIG HUBBARD, A POLICE OFFICER FOR THE CITY OF CORINTH, CARSON CROWE, A POLICE OFFICER FOR THE CITY OF CORINTH, AND TASER INTERNATIONAL, INC. CASE NO. 4:09-CV-198 (Judge Schneider/Judge Mazzant) MEMORANDUM ADOPTING REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE Came on for consideration the report of the United States Magistrate Judge in this action, this matter having been heretofore referred to the United States Magistrate Judge pursuant to 28 U.S.C. 636. On July 23, 2010, the report of the Magistrate Judge was entered containing proposed findings of fact and recommendations with regard to Defendant City of Corinth's Motion for Summary Judgment (Dkt. #66), Defendant Carson Crow's Motion for Summary Judgment (Dkt. #67), Defendant Craig Hubbert's Motion for Summary Judgment (Dkt. #68), and Defendant Kevin Tyson's Motion for Summary Judgment (Dkt. #69). The Court, having made a de novo review of the objections raised by Defendant, Officer Kevin Tyson, is of the opinion that the findings and conclusions of the Magistrate Judge are correct, and the objections are without merit. Therefore, the Court hereby adopts the findings and conclusions of the Magistrate Judge as the findings and conclusions of this Court. Dockets.Justia.com It is, therefore, ORDERED as follows: 1. 2. 3. . 4. Defendant Kevin Tyson's Motion for Summary Judgment (Dkt. #69) is GRANTED in part and DENIED in part. C C Plaintiff's cause of action for failure to intervene is dismissed. Plaintiff's cause of action for use of excessive force is not dismissed. Defendant City of Corinth's Motion for Summary Judgment (Dkt. #66) is GRANTED. Defendant Carson Crow's Motion for Summary Judgment (Dkt. #67) is GRANTED. Defendant Craig Hubbert's Motion for Summary Judgment (Dkt. #68) is GRANTED. IT IS SO ORDERED. SIGNED this 18th day of August, 2010. ____________________________________ MICHAEL H. SCHNEIDER UNITED STATES DISTRICT JUDGE 2

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