Calhoun v. Banks et al (INMATE1)
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|Date Filed||#||Document Text|
|May 28, 2009
REPORT AND RECOMMENDATIONS re 9 MOTION for Summary Judgment filed by William Banks, Christopher Watson, Donny Smith, Ray Arnold, Bradley Cain; is the Recomm of the Mag Judge that: 1) The dfts' motion for summary judgment on the plaintiff' s excessive force and deliberate indifference claims be denied; 2) The plaintiff's request for criminal prosecution of the dfts be dismissed with prejudice in accordance with the provisions of 28 USC 1915(e)(2)(B)(i); 3) This case be set for a b ench trial before the district judge assigned this case on the plaintiff's claims that the dfts acted in violation of his constitutional rights regarding the use of excessive force and deliberate indifference to his medical needs; Objections to R&R due by 6/11/2009. Signed by Honorable Susan Russ Walker on 5/28/09. (vma, )
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