Clark v. Price et al
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|Date Filed||#||Document Text|
|January 4, 2018
MEMORANDUM OPINION AND ORDER For the reasons outlined within, the defendants' objection based on their argument that the plaintiff's claims are subject to dismissal under the PLRA is OVERRULED. The court ADOPTS the magistrate judge's r eport and ACCEPTS his recommendation. The court ORDERS that the defendants' motion for summary judgment on the plaintiff's Eighth Amendment excessive force claims against them in their official capacities for monetary relief is GRANTED. The court further ORDERS that the defendants' motion for summary judgment on the plaintiff's Eighth Amendment excessive force claims against them in their individual capacities is DENIED because genuine issues of material fact exist. Addition ally, the court ORDERS that the defendants' motion for summary judgment on the plaintiff's Eighth Amendment excessive force claims on the basis of qualified immunity is DENIED. The court ORDERS the defendants to file a formal answer to th e plaintiff's amended complaint within twenty days of the entry of this Order. This matter is REFERRED to the magistrate judge for further proceedings. Signed by Chief Judge Karon O Bowdre on 1/4/18. (SAC ) *Memo Op and Order placed in first class mail to pro se Plaintiff.
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