BROWN v. RODMAN, CV612-048. (2013)
Court: District Court, S.D. Georgia
Number: infdco20130801a86
Visitors: 5
Filed: Jul. 30, 2013
Latest Update: Jul. 30, 2013
Summary: ORDER B. AVANT EDENFIELD, District Judge. After an independent and de novo review of the entire record, the undersigned concurs with the Magistrate Judge's Report and Recommendation, to which Objections have been filed. Defendant filed a Response. In his Objections, Plaintiff contends that Defendant did see his hand in the tray flap. However, this contention is different than what Plaintiff already stated during his deposition. (Doc. No. 14-7, p. 32) ("No, he can't see my hand because it's
Summary: ORDER B. AVANT EDENFIELD, District Judge. After an independent and de novo review of the entire record, the undersigned concurs with the Magistrate Judge's Report and Recommendation, to which Objections have been filed. Defendant filed a Response. In his Objections, Plaintiff contends that Defendant did see his hand in the tray flap. However, this contention is different than what Plaintiff already stated during his deposition. (Doc. No. 14-7, p. 32) ("No, he can't see my hand because it's i..
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ORDER
B. AVANT EDENFIELD, District Judge.
After an independent and de novo review of the entire record, the undersigned concurs with the Magistrate Judge's Report and Recommendation, to which Objections have been filed. Defendant filed a Response. In his Objections, Plaintiff contends that Defendant did see his hand in the tray flap. However, this contention is different than what Plaintiff already stated during his deposition. (Doc. No. 14-7, p. 32) ("No, he can't see my hand because it's inside the box."). Additionally, as the Magistrate Judge noted, even if Plaintiff informed Defendant that he was not removing his hand from the slider, there is no evidence that Defendant tied the laundry net bag to anything other the box and slider or knew that Plaintiff would be injured as a result of his actions. (Doc. No. 19, p. 5). Plaintiff fails to present evidence creating a genuine dispute as to a fact material to his excessive use of force claim. Plaintiff's assertion that this incident would not have occurred if Defendant had followed proper procedures is wholly without merit.
Plaintiff's Objections are overruled. The Magistrate Judge's Report and Recommendation is adopted as the opinion of the Court. Defendant's Motion for Summary Judgment is GRANTED. Plaintiff's Complaint is DISMISSED. The Clerk of Court is directed to enter the appropriate judgment of dismissal.
SO ORDERED.
Source: Leagle
