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. EwingOpinion
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