United States District Court, N.D. Alabama, Middle Division
November 24, 2014
JEFFERY NEWSOME, Plaintiff,
OFFICER RUSSELL JONES, et al., Defendants.
MEMORANDUM OF OPINION AND ORDER
VIRGINIA EMERSON HOPKINS, District Judge.
The magistrate judge filed a report and recommendation on July 3, 2014, and a supplemental report and recommendation on October 20, 2014, recommend-ing that the special report filed by Officer George Denson be construed as a motion for summary judgment and, as such, that it be granted and the claims against Officer Denson be dismissed with prejudice. (Docs. 49 and 55). The magistrate judge further recommended that the remaining defendants' special reports be construed as motions for summary judgment and, as such, that they be denied. Specifically, the magistrate judge recommended: (1) Officers Landers and Jones's motion for summary judgment be denied with respect to the excessive force claim; (2) Nurses Thomas and Johnson's motion for summary judgment be denied with respect to the denial of adequate medical care claim; (3) Officers Landers, Jones, and Marcano's motion for summary judgment be denied with respect to the denial, delay, and/or interference with medical care claim; and (4) Officers Morris, Jackson, Dakin, Hopkins, Scott, Gray, and Northcutt's motion for summary judgment be denied with respect to the conditions of confinement claim. Although the parties were advised they would have fourteen days from the entry date of the report and recommendation to submit specific written objections, none have been received by the court.
Having carefully reviewed and considered de novo all the materials in the court file, including the report and recommendation, the Court is of the opinion that the magistrate judge's report is due to be and is hereby ADOPTED and the magistrate judge's recommendation is ACCEPTED. It is therefore ORDERED that the motion for summary judgment on behalf of Officer George Denson is GRANTED and the claims against him are DISMISSED WITH PREJUDICE. It is further ORDERED that the motions for summary judgment on behalf of the remaining defendants are DENIED.
The claims against the remaining defendants are REFERRED BACK to the magistrate judge for further proceedings.
The Clerk is DIRECTED serve a copy of this order upon the plaintiff and upon counsel for the defendants.