Harris v. Rambo et al
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|Date Filed||#||Document Text|
|September 24, 2013
ORDER The Court is of the opinion that the magistrate judges report is due to be and is ADOPTED, and the magistrate judges recommendation is ACCEPTED; The Court GRANTS the defendants motion for summary judgment on the following claims: (1) plaintiffs claims against defendants in their official capacities for monetary relief; (2) plaintiffs claims for injunctive relief; (3) plaintiffs Eighth Amendment failure to protect claims against defendants King and Nath; (4) plaintiffs conspiracy claims aga inst defendants Rambo, Gadson, King, and Nath; (5) plaintiffs retaliation claims against (a) defendant Rambo concerning the January 30, 2011 inmate attack; (b) defendant Gadson concerning the February 17 and March 2, 2011 incidents of excessive force ; and (c) defendants Rambo and Gadson for allegedly spitting in plaintiffs food; and (6) plaintiffs supervisory claims against defendants Hetzel, Hicks, Felton, and Wheat- these claims are DISMISSED WITH PREJUDICE. The Court DENIES the defendants mot ion for summary judgment as to plaintiffs excessive force claims against defendants Rambo and Gadson and plaintiffs retaliation claims against defendant Rambo concerning the February 17, 2011 and March 2, 2011 incidents of alleged excessive force. De fendants Rambo and Gadson are ORDERED to file an answer within twenty days of the entry date of this order. This case is REMANDED to the magistrate judge for further proceedings consistent with this order. Signed by Judge William M Acker, Jr on 9/24/13. (SAC )
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