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McClendon v. Whitfield, 5:19-cv-00057-LCB-HNJ. (2020)

Court: District Court, N.D. Alabama Number: infdco20200311912 Visitors: 4
Filed: Mar. 10, 2020
Latest Update: Mar. 10, 2020
Summary: MEMORANDUM OPINION AND ORDER LILES C. BURKE , District Judge . The magistrate judge filed a report on January 29, 2020, recommending the defendants' special report be treated as a motion for summary judgment and further recommending that the motion be granted as to the plaintiff's deliberate indifference to his serious mental health needs claim against defendants Estes, Whitfield, and Donaldson. (Doc. 21). The magistrate judge also recommended the motion be denied as to the plaintiff's exce
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MEMORANDUM OPINION AND ORDER

The magistrate judge filed a report on January 29, 2020, recommending the defendants' special report be treated as a motion for summary judgment and further recommending that the motion be granted as to the plaintiff's deliberate indifference to his serious mental health needs claim against defendants Estes, Whitfield, and Donaldson. (Doc. 21). The magistrate judge also recommended the motion be denied as to the plaintiff's excessive force claim against defendants Whitfield and Donaldson. Although the parties were advised of their right to file specific written objections within fourteen days, no objections have been received by the court.

Having carefully reviewed and considered de novo all the materials in the court file, including the report and recommendation, the magistrate judge's report is hereby ADOPTED, and the recommendation is ACCEPTED. Accordingly, the Court ORDERS that the motion for summary judgment is GRANTED as to the plaintiff's deliberate indifference to his serious mental health needs claim against defendants Estes, Whitfield, and Donaldson, the Court finding no genuine issues of material fact exist. The Court FURTHER ORDERS that the motion for summary judgment is DENIED as to the plaintiff's excessive force claim against defendants Whitfield and Donaldson. This matter is REFERRED to the magistrate judge for further proceedings as to the remaining claim.

DONE and ORDERED.

Source:  Leagle

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