Watkins v. Easterling Correctional Center et al (INMATE2)
| Tyre T. Watkins |
| Easterling Correctional Center, Ms. Hayes, Brian Mitchell, Sherry Seals, Warden Davenport and Ms. Greese |
| 2:2010cv00286 |
| April 1, 2010 |
| US District Court for the Middle District of Alabama |
| Montgomery Office |
| Charles S. Coody |
| Truman M. Hobbs |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| None |
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| Document Text |
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Filing
64
JUDGMENT as follows: (1) The United States Magistrate Judge's recommendation 62 is adopted. (2) Pursuant to footnote 2 in the United States Magistrate Judge's recommendation 62 , the name of defendant "Officer McKenzie" is co rrected to be defendant "Christopher Kincey" on the docket sheet and in all pleadings. (3) The motion for summary judgment 38 is granted to the extent that defendants Thomas Bailey, Lester Grimsley, Steven Canty, Christopher Kincey, Rand y Daniels, Joseph Whitehead, and Larry Peavy have been sued in their official capacities. (4) Judgment is entered in favor of defendants Bailey, Grimsley, Canty, Kincey, Daniels, Whitehead, and Peavy and against plaintiff Tyre T. Watkins to the exte nt these defendants have been sued in their official capacities, with plaintiff Watkins taking nothing to the extent he has sued these defendants in their official capacities. (5) The motion for summary judgment 38 is denied to the extent that de fendants Bailey, Canty, Kincey, and Grimsley have been sued in their individual capacities on plaintiff Watkins's excessive-force claims. (6) The motion for summary judgment 38 is denied to the extent defendants Kincey, Grimsley, Whitehead, Da niels, and Peavy have been sued in their individual capacities on plaintiff Watkinss failure-toprotect claim. (7) Plaintiff Watkinss excessive-force claims against defendants Bailey, Canty, Kincey, and Grimsley in their individual capacities will go to trial. (8) Plaintiff Watkins's failure-to-protect claim against defendants Kincey, Grimsley, Whitehead, Daniels, and Peavy in their individual capacities will go to trial. Signed by Honorable Judge Myron H. Thompson on 11/29/2012. (jg, )
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Filing
8
ORDERED that on or before May 18, 2010 Plaintiff shall file an amended complaint on a form for use in filing a 42 U.S.C. § 1983 complaint as further set out in order. The clerk is DIRECTED to furnish Plaintiff with a form for use in filing a complaint under 42 U.S.C. § 1983. Signed by Honorable Charles S. Coody on 5/3/2010. (cb, ) Modified on 5/3/2010 to notate that a 42 USC 1983 form was mailed along with order as directed. (cb, ).
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Filing
6
ORDER directing payment of initial partial filing fee of $4.11 be paid on or before April 26, 2010 ; Directing Monthly Payments be made from Inmate's Prison Account until fee is paid in full; granting 2 Affidavit for Leave to Proceed in f orma pauperis except to the extent payment is required under this order. Copies mailed to plaintiff and account clerk at Easterling Correctional Services. **Copy of order mailed to account clerk as directed**. Signed by Honorable Charles S. Coody on 4/5/2010. (cb, )
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