DONOHUE v. LAMBERT, 7:13CV00397. (2015)
Court: District Court, W.D. Virginia
Number: infdco20160106e37
Visitors: 2
Filed: Dec. 31, 2015
Latest Update: Dec. 31, 2015
Summary: ORDER GLEN E. CONRAD , Chief District Judge . In accordance with the accompanying memorandum opinion, it is hereby ADJUDGED AND ORDERED as follows: 1. The Report and Recommendation (ECF No. 383) is ADOPTED, except as to its conclusions and recommendations regarding the bystander liability claims; 2. After de novo review of those portions of the report or specified proposed findings or recommendations that are subject to specific objections, pursuant to 28 U.S.C. 636(b)(1), the obj
Summary: ORDER GLEN E. CONRAD , Chief District Judge . In accordance with the accompanying memorandum opinion, it is hereby ADJUDGED AND ORDERED as follows: 1. The Report and Recommendation (ECF No. 383) is ADOPTED, except as to its conclusions and recommendations regarding the bystander liability claims; 2. After de novo review of those portions of the report or specified proposed findings or recommendations that are subject to specific objections, pursuant to 28 U.S.C. 636(b)(1), the obje..
More
ORDER
GLEN E. CONRAD, Chief District Judge.
In accordance with the accompanying memorandum opinion, it is hereby
ADJUDGED AND ORDERED
as follows:
1. The Report and Recommendation (ECF No. 383) is ADOPTED, except as to its conclusions and recommendations regarding the bystander liability claims;
2. After de novo review of those portions of the report or specified proposed findings or recommendations that are subject to specific objections, pursuant to 28 U.S.C. § 636(b)(1), the objections to the Report and Recommendation filed by Defendants Carroll and White (ECF No. 395) are OVERRULED, and the defendants' second motion for summary judgment (ECF No. 347) is GRANTED IN PART AND DENIED IN PART; specifically, the motion is GRANTED as to plaintiff's claims that Defendants Gallihar, Blevins, Lambert, and Barton used excessive force when applying five-point restraints on June 6, 2013, and the clerk WILL terminate Blevins, Gallihar, and Barton as parties to the lawsuit; but the second motion for summary judgment (ECF No. 347) is DENIED as to all other excessive force and bystander liability claims and as to the following defendants Deel, Franklin, Gilbert, Lambert, McCurdy, Mullins, Brinkley, White, and Carroll;
3. Defendant Payne's second motion for summary judgment (ECF No. 345) is DENIED;
4. After de novo review of those portions of the report or specified proposed findings or recommendations that are subject to specific objections, pursuant to 28 U.S.C. § 636(b)(1), Defendant McCowan's objections to the Report and Recommendation (ECF No. 392) are OVERRULED, and McCowan's second motion for summary judgment (ECF No. 343) is DENIED; and
5. This matter SHALL proceed to trial as scheduled on January 4, 2016, as to the remaining claims and defendants.
Source: Leagle
