Hastings v. Drake (INMATE 1)
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|Date Filed||#||Document Text|
|August 17, 2016
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
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, )
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