Gomez v. Jackson et al
||Jamie Bernal Gomez
||L. Jackson and R. L. Bell
||March 2, 2018
||US District Court for the Northern District of Georgia
||Catherine M. Salinas
||William S. Duffey
|Nature of Suit:
|Cause of Action:
||42 U.S.C. § 1983
|Jury Demanded By:
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|July 20, 2020
OPINION AND ORDER adopting in part and rejecting in part 26 Final Report and Recommendation. It is adopted (as modified and supplemented herein) except to the extent it recommends granting summary judgment on Plaintiffs excessive force claim that D efendant Bell tased him in violation of the Fourth Amendment. Plaintiffs 19 Motion for Summary Judgment is DENIED, and Defendants 17 Motion for Summary Judgment is GRANTED IN PART and DENIED IN PART. Defendants motion is granted except to the ext ent it seeks summary judgment on Plaintiffs excessive force claim that Defendant Bell tased him in violation of the Fourth Amendment. The Court DISMISSES WITHOUT PREJUDICE Plaintiffs excessive force claims against Defendant Jackson for failure to exhaust administrative remedies pursuant to 42 U.S.C. § 1997e(a). Signed by Judge Michael L. Brown on 7/20/2020. (dob)
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