Caldwell v. Furr et al

Filing 54

ORDER ADOPTING MEMORANDUM AND RECOMMENDATIONS re: 51 Memorandum and Recommendations, GRANTS IN PART 42 Defendants' Motion for Summary Judgment and DISMISSES WITH PREJUDICE Caldwell's deliberate indifference claims against Perales and De Los Santos based on qualified immunity grounds; and DENIES 42 Defendants' Motion for Summary Judgment with respect to Caldwell's excessive force claims against Martinez and Garza.(Signed by Judge Hilda G Tagle) Parties notified.(scavazos, 1)

United States District Court
Southern District of Texas

ENTERED
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF TEXAS
CORPUS CHRISTI DIVISION
REAGAN JAMES CALDWELL,
Plaintiff,
VS.
COREY FURR, et al,
Defendants.

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March 26, 2019
David J. Bradley, Clerk

CIVIL NO. 2:16-CV-456

ORDER
The Court is in receipt of Defendants’ Motion for Summary Judgment, Dkt.
No. 42, filed on behalf of Defendants Derek Garza (“Garza”), Fernando Martinez
(“Martinez”), Jessica De Los Santos (“De Los Santos”), and Cheryl Perales
(“Perales”); Reagan James Caldwell’s (“Caldwell”) Summary Judgment Objections,
Dkt. No. 43; Caldwell’s Submit Exhibit(s) for Objections to Summary Judgment,
Dkt. No. 50; and the November 18, 2018 Memorandum and Recommendation of the
Magistrate Judge to whom this case was referred, Dkt. No. 51.
After independently reviewing the record and considering the applicable law,
the Court ADOPTS the M&R, Dkt. No. 51; GRANTS Defendants’ Motion for
Summary Judgment, Dkt. No. 42, in part, and DISMISSES WITH PREJUDICE
Caldwell’s deliberate indifference claims against Perales and De Los Santos based
on qualified immunity grounds; and DENIES Defendants’ Motion for Summary
Judgment, Dkt. No. 42, with respect to Caldwell’s excessive force claims against
Martinez and Garza.
SIGNED this 25th day of March 2019.

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Hilda Tagle
Senior United States District Judge

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