Griffith v. Anderson et al (INMATE2)
||Jody Edwin Griffith
||Gary Anderson, Officer Peterson, Alfreda Dulaney and Herbert Leverette
||August 22, 2007
||US District Court for the Middle District of Alabama
||Mark E. Fuller
||Terry F. Moorer
|Nature of Suit:
||Habeas Corpus (Prison Condition)
|Cause of Action:
|Jury Demanded By:
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|February 17, 2010
RECOMMENDATION OF THE MAGISTRATE JUDGE that: 1. Defendants Dulaney's and Everette's 45 motion for summary judgment be GRANTED to the extent these Defendants seek dismissal of this case due to Plaintiff's failure to properly exhaust a dministrative remedies previously available to him at the Kilby Correctional Facility; 2. Plaintiff's claims for injunctive and/or declaratory relief be DISMISSED as moot; 3. Defendants Anderson's and Peterson's 14 motion for summary judgment on Plaintiff's § 1983 excessive force and deliberate indifference claims be DENIED; 4. Defendant Anderson's 14 motion for summary judgment on Plaintiff's supplemental state law claim for assault and battery be DENIED; 5. Defendant Peterson's 14 motion for summary judgment on Plaintiff's supplemental state law claim for conspiracy to commit assault and battery be DENIED; 6. Defendant Peterson's 14 motion for summary judgment on Plaintiff's s upplemental state law claim for contributory negligence be GRANTED; and 7. Plaintiff's § 1983 excessive force and deliberate indifference claims and supplemental state law claims for assault and battery against Defendant Anderson, and Plain tiff's § 1983 excessive force and deliberate indifference claims and supplemental state law claim for conspiracy to commit assault and battery against Defendant Peterson be SET for trial by jury. Objections to R&R due by 3/3/2010. Signed by Honorable Terry F. Moorer on 2/17/2010. (br, )
|August 23, 2007
ORDER, that on or before 9/12/07 plaintiff shall forward to the Clerk of this Court the sum of $30.00 as an initial partial filing fee; granting 2 Application to Proceed Without Prepayment of Fees and Affidavit filed by Jody Edwin Griffith as further set out in order Filing Fee due by 9/12/2007 (furn: cashier).. Signed by Judge Terry F. Moorer on 8/23/07. (vma, )
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