Garcia v. Spotts, 1:17cv26-LG-RHW. (2018)
Court: District Court, S.D. Mississippi
Number: infdco20181219d08
Visitors: 9
Filed: Dec. 18, 2018
Latest Update: Dec. 18, 2018
Summary: ORDER ADOPTING REPORT AND RECOMMENDATION, AND GRANTING MOTION FOR SUMMARY JUDGMENT LOUIS GUIROLA, JR. , District Judge . For the reasons stated in the [52] Report and Recommendation of the Magistrate Judge filed September 24, 2018, and after an independent review of the record, a de novo determination of the issues, and consideration of Plaintiff's [54] Response to the Report and Recommendation, and having determined that the findings are correct under applicable law: IT IS ORDERED AND AD
Summary: ORDER ADOPTING REPORT AND RECOMMENDATION, AND GRANTING MOTION FOR SUMMARY JUDGMENT LOUIS GUIROLA, JR. , District Judge . For the reasons stated in the [52] Report and Recommendation of the Magistrate Judge filed September 24, 2018, and after an independent review of the record, a de novo determination of the issues, and consideration of Plaintiff's [54] Response to the Report and Recommendation, and having determined that the findings are correct under applicable law: IT IS ORDERED AND ADJ..
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ORDER ADOPTING REPORT AND RECOMMENDATION, AND GRANTING MOTION FOR SUMMARY JUDGMENT
LOUIS GUIROLA, JR., District Judge.
For the reasons stated in the [52] Report and Recommendation of the Magistrate Judge filed September 24, 2018, and after an independent review of the record, a de novo determination of the issues, and consideration of Plaintiff's [54] Response to the Report and Recommendation, and having determined that the findings are correct under applicable law:
IT IS ORDERED AND ADJUDGED that the [47] Motion for Summary Judgment filed by Defendants Floyd Spotts, Kerwin Blount, and Pease Sumrall, Jr. is GRANTED. Plaintiff's official capacity claims against Spotts, Blount and Sumrall are DISMISSED with prejudice as barred by sovereign immunity. Plaintiff's state law claims against Spotts, Blount and Sumrall are DISMISSED with prejudice as barred by state law immunity. Plaintiff's federal civil rights claims against Sumrall are DISMISSED with prejudice pursuant to qualified immunity. Plaintiff's excessive force claims against Spotts and Blount shall proceed.
SO ORDERED AND ADJUDGED.
Source: Leagle
