Copeny v. Kyle et al
| Marcus James Copeny |
| Don Kyle, City of Decatur Alabama Police Department, Brian Prosser, Letson and Rutherford |
| 5:2016cv00865 |
| May 27, 2016 |
| US District Court for the Northern District of Alabama |
| Northeastern Office |
| Morgan |
| Karon O Bowdre |
| Staci G Cornelius |
| Civil Rights |
| 42 U.S.C. ยง 1983 |
| None |
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Filing
38
MEMORANDUM OPINION - Having carefully reviewed and considered de novo all the materials in the court file, including the report and recommendation and the plaintiffs objections, the court ADOPTS the magistrate judges report and ACCEPTS her recommenda tion as MODIFIED here. The court OVERRULES THE plaintiffs objections. Accordingly, the defendants motion for summary judgment is due to be granted, and all claims presented in the instant matter are due to be dismissed. A court will enter a separate Final Order. Signed by Chief Judge Karon O Bowdre on 9/20/2018. (KEK)
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Filing
18
ORDER ADOPTING and ACCEPTING AS MODIFIED the Magistrate Judge's 9 Report and Recommendation. Accordingly, the Court ORDERS that all claims against all defendants are DISMISSED WITHOUT PREJUDICE pursuant to 28 U.S.C. § 1915A(b), EXCEPT th e Fourth Amendment excessive force claims against defendants Prosser, Rutherford, and Letson in their individual capacities. The Court further ORDERS that the surviving claims are REFERRED to the Magistrate Judge for further proceedings. Signed by Chief Judge Karon O Bowdre on 9/5/2017. (JLC)
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