Hastings v. Drake (INMATE 1)

Plaintiff: Raymond D. Hastings
Defendant: Kim Tobias Thomas, Kenneth Drake, Gwendolyn C. Mosley, Kenneth Sconyers, Nathaniel Lawson and Anthony Askews
Case Number: 2:2013cv00418
Filed: June 17, 2013
Court: Alabama Middle District Court
Office: Montgomery Office
County: Barbour
Presiding Judge: Mark E. Fuller
Referring Judge: Wallace Capel
Nature of Suit: Habeas Corpus (Prison Condition)
Cause of Action: 42:1983 Prisoner Civil Rights
Jury Demanded By: None

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed#Document Text
August 17, 2016 92 Opinion or Order of the Court ORDERED as follows: 1. The Defendants' 37 motion for summary judgment is GRANTED with respect to the Plaintiff's claims for monetary damages lodged against them in their official capacities and these claims are DISMISSED with prejudice as the Defendants are entitled to absolute immunity from such relief. 2. The Defendants' motion to dismiss is GRANTED to the extent the Defendants seek dismissal of the Plaintiff's claims regarding his religious practices at Easterling Correc tional Facility due to the Plaintiff's failure to properly exhaust an administrative remedy previously available to him at this facility prior to initiating this cause of action. 3. The above referenced claims are DISMISSED with prejudice in acc ordance with the provisions of 42 U.S.C. § 1997e(a) for the Plaintiff's failure to properly exhaust an administrative remedy previously available to him at Easterling prior to the filing of this case. 4. The Defendants' motion for sum mary judgment is GRANTED with respect to the Plaintiff's due process, retaliation and false information claims attacking the behavior citation, and these claims are DISMISSED with prejudice. 5. Kim Thomas, Gwendolyn Mosley, Kenneth Sconyers, Nat haniel Lawson and Anthony Askew are DISMISSED as parties. 6. The motion for summary judgment filed on behalf of Kenneth Drake is DENIED with respect to the Plaintiff's claim of excessive force lodged against him in his individual capacity. 7. Al l claims against Kenneth Drake, with the exception of the excessive force claim lodged against this Defendant in his individual capacity, are DISMISSED with prejudice. 8. No jury trial having been demanded, this case is referred back to the Magistrat e Judge, pursuant to 28 U.S.C. § 636(b)(1)(B), for an evidentiary hearing on the Plaintiffs surviving claim of excessive force lodged against Kenneth Drake in his individual capacity, to be followed by a Report and Recommendation. Signed by Honorable Judge W. Harold Albritton, III on 8/17/2016. (kh, )
August 5, 2013 39 Opinion or Order of the Court ORDER, JUDGMENT and DECREE of the court that: 1) The 34 Recommendation of the Magistrate Judge is ADOPTED; 2) The motion for preliminary injunction filed by the plf is DENIED and this case is referred back to the Magistrate Judge for additional proceedings. Signed by Honorable Judge Mark E. Fuller on 8/5/2013. (wcl, )

Access additional case information on PACER

Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.

Access this case on the Alabama Middle District Court's Electronic Court Filings (ECF) System

Search for this case: Hastings v. Drake (INMATE 1)
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Web [ Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: Raymond D. Hastings
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Kim Tobias Thomas
Represented By: Albert Sim Butler
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Kenneth Drake
Represented By: Albert Sim Butler
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Gwendolyn C. Mosley
Represented By: Albert Sim Butler
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Kenneth Sconyers
Represented By: Albert Sim Butler
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Nathaniel Lawson
Represented By: Albert Sim Butler
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Anthony Askews
Represented By: Albert Sim Butler
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Legal Web | Google | Bing | Yahoo | Ask ]

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?