Opinion
Civil No. 08-5171.
March 16, 2010
ORDER
Now on this 16th day of March, 2010, comes on for consideration County Defendants' Motion For Summary Judgment (document #33) and the Report And Recommendation Of The Magistrate Judge (document #40), to which no objections have been made. The Court has carefully reviewed said Report And Recommendation, and finds that it is sound in all respects and should be adopted in toto. IT IS THEREFORE ORDERED that the Report And Recommendation Of The Magistrate Judge is adopted in toto. IT IS FURTHER ORDERED that, for the reasons stated in the Report And Recommendation Of The Magistrate Judge, County Defendants' Motion For Summary Judgment (document #33) is granted in part and denied in part.
The motion is denied insofar as it seeks dismissal of plaintiff's claim of excessive force as against defendants Hernandez, Strickland, Lowther, Green, and Vaughn, and that claim is remanded to the Magistrate Judge for further proceedings.
The motion is granted in all other respects, and all plaintiff's claims are dismissed except the excessive force claim. This includes all claims against defendants Ferguson, Petray, Carter, Leroy, Jessen, Smith, and Huskins.