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Figures v. Hale

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA HUNTINGTON DIVISION
Jun 3, 2020
CIVIL ACTION NO. 3:19-0728 (S.D.W. Va. Jun. 3, 2020)

Summary

denying motion to dismiss concerning allegations that a correctional officer slammed non-resisting, restrained inmate's head to the ground

Summary of this case from Worley v. Ewing

Opinion

CIVIL ACTION NO. 3:19-0728

06-03-2020

MARQUISE FIGURES, Plaintiff, v. CHAD HALE and VANCE KEATON, Booking Officer, Defendants.


MEMORANDUM OPINION AND ORDER

This action was referred to the Honorable Cheryl A. Eifert, United States Magistrate Judge, for submission to this Court of proposed findings of fact and recommendations for disposition, pursuant to 28 U.S.C. § 636(b)(1)(B). The Magistrate Judge has submitted findings of fact and recommended that Defendants' motions for dismissal (ECF Nos. 20, 24) be granted in part, and denied in part. The motions for dismissal should be granted as to Plaintiff's claims for monetary damages against the Defendants' in their official capacity and denied as to Plaintiff's remaining claims. Neither party has filed objections to the Magistrate Judge's findings and recommendations.

Accordingly, the Court accepts and incorporates herein the findings and recommendations of the Magistrate Judge and ORDERS that Defendants' motions for dismissal (ECF Nos. 20, 24) be GRANTED in part, and DENIED in part. The motions for dismissal should be GRANTED as to Plaintiff's claims for monetary damages against the Defendants' in their official capacity and DENIED as to Plaintiff's remaining claims, consistent with the findings and recommendations.

The Court DIRECTS the Clerk to forward copies of this written opinion and order to all counsel of record, and any unrepresented parties.

ENTER: June 3, 2020

/s/_________

ROBERT C. CHAMBERS

UNITED STATES DISTRICT JUDGE


Summaries of

Figures v. Hale

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA HUNTINGTON DIVISION
Jun 3, 2020
CIVIL ACTION NO. 3:19-0728 (S.D.W. Va. Jun. 3, 2020)

denying motion to dismiss concerning allegations that a correctional officer slammed non-resisting, restrained inmate's head to the ground

Summary of this case from Worley v. Ewing
Case details for

Figures v. Hale

Case Details

Full title:MARQUISE FIGURES, Plaintiff, v. CHAD HALE and VANCE KEATON, Booking…

Court:UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA HUNTINGTON DIVISION

Date published: Jun 3, 2020

Citations

CIVIL ACTION NO. 3:19-0728 (S.D.W. Va. Jun. 3, 2020)

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