Summary
dismissing with prejudice an excessive force claim where a prison official did not intend to pepper spray the plaintiff but instead was protecting himself against another inmate
Summary of this case from Martz v. WebbOpinion
CASE NO. 4:08CV03840 SWW/BD.
November 30, 2009
ORDER
The Court has received the Recommended Disposition from Magistrate Judge Beth Deere. After careful review of the recommendation, the timely objections received thereto, as well as a de novo review of the record, the Court concludes that the recommendation should be, and hereby is, approved and adopted as this Court's findings in all respects in its entirety.
Defendants' Motion to Dismiss (#67) and Motion for Summary Judgment (#73) are DENIED. Defendant Roberson is liable for $500.00 in actual damages for his use of excessive force against Plaintiff. All other claims are DISMISSED WITH PREJUDICE.
Plaintiff's motion for extension of time to file objections [docket entry 80] is moot.
IT IS SO ORDERED.