Pasture v. Tuscaloosa County Jail et al
| Kennedy Pasture |
| Tuscaloosa County Jail, O'Bryant and Eric Bailey |
| 7:2015cv00422 |
| March 12, 2015 |
| US District Court for the Northern District of Alabama |
| Western Office |
| Elmore |
| Karon O Bowdre |
| Harwell G Davis |
| Civil Rights |
| 42 U.S.C. ยง 1983 |
| None |
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Filing
32
MEMORANDUM OPINION AND ORDER The court ADOPTS the legal standard for summary judgment as set out by the magistrate judge in his report. Applying that legal standard and taking the facts in the light most favorable to Mr. Pasture, the court disagrees with the magistrate judge's conclusion that no genuine issues of material fact exist in this case. Because the court finds that genuine issues of material fact exist regarding whether Officer O'Bryant purposefully and knowingly injured Mr. Pasture with a razor blade, the court DENIES Officer O'Bryant's motion for summary judgment. The court will set this case for pre-trial and trial by a separate order. Signed by Chief Judge Karon O Bowdre on 9/19/17. (SAC )
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Filing
14
MEMORANDUM OPINION AND ORDER Having carefully reviewed and considered de novo all the materials in the court file, including the report and recommendation and the plaintiff's objections, the court ADOPTS the magistrate judge's report and AC CEPTS his recommendations. The court DISMISSES WITHOUT PREJUDICE all of the plaintiff's claims in this action except the excessive force claim against Officer O'Bryant pursuant to 28 U.S.C. § 1915A(b)(1). The court ORDERS that the excessive force claim against Officer O'Bryant be REFERRED back to the magistrate judge for further proceedings. Signed by Chief Judge Karon O Bowdre on 3/28/16. (SAC ) *Order placed in first class mail to pro se Plaintiff.
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