Hatcher v. Bentley et al (INMATE 2)
| Ronald Lee Hatcher |
| Robert Bentley, Kim Tobias Thomas, James Deloach, Billy Mitchem, Bob Riley and Richard Allen |
| 2:2014cv00348 |
| May 13, 2014 |
| U.S. District Court for the Middle District of Alabama |
| Montgomery Office |
| Limestone |
| Mark E. Fuller |
| Wallace Capel |
| Prison Condition |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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Filing
34
OPINION AND ORDER: On May 25, 2017, the Magistrate Judge filed a Recommendation in this case to which no timely objections have been filed. Doc. 33 . Upon an independent review of the file in this case and upon consideration of the Recommendation of the Magistrate Judge, it is ORDERED and ADJUDGED that the Recommendation of the Magistrate Judge be and is hereby ADOPTED, and this case be and is hereby DISMISSED as follows: 1. Plaintiff's request for compensatory damages from Defendants i n their official capacities as to his claims arising under the Americans with Disabilities Act and the Rehabilitation Act is DISMISSED without prejudice; 2. Plaintiff's request for compensatory and punitive damages against Defendants in their in dividual capacities regarding his conspiracy claims under 42 U.S.C. 1983 and 1985(3) and his equal protection claim arising under the Fourteenth Amendment is DISMISSED with prejudice as Defendants are entitled to qualified immunity on these claims. 3. Plaintiff's request for declaratory and injunctive relief with respect to alleged violations of the Americans with Disabilities Act and the Rehabilitation Act is DISMISSED without prejudice. 4. Plaintiff's request for declaratory and in junctive relief from Defendants in their official capacities regarding his conspiracy claims under 42 U.S.C. 1983 and 1985(3) and his equal protection claim arising under the Fourteenth Amendment is DISMISSED with prejudice as Defendants did not act in violation of the Constitution. 5. Defendants' motion for summary judgment (Doc. 22 ) is GRANTED. 6. This case is DISMISSED with prejudice. Final Judgment will be entered in favor of Defendants. Signed by Honorable Judge W. Harold Albritton, III on 6/20/2017. (kh, )
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Filing
29
ORDER directing that, there being no timely objection filed to the Recommendation, and after a review of the file, the Recommendation is ADOPTED, and it is hereby ORDERED as follows: 1. Plaintiffs claims against Defendant Strange are DISMISSED with p rejudice in accordance with the provisions of 28 U.S.C. § 1915(e)(2)(B)(i-iii). 2. Defendant Strange is DISMISSED as a party defendant. 3. This case is referred back to the Magistrate Judge for further proceedings. Signed by Honorable Judge W. Harold Albritton, III on 9/9/14. (scn, )
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