Summary
finding where plaintiff received scratches on the elbow, skin tearing behind the ear, abrasion on the shoulder, and felt jaw pain resulting from a correctional officer pushing plaintiff into a glass window while taking plaintiff to a holding cell did not constitute excessive force
Summary of this case from Gardner v. MackOpinion
No. 98-0923-AH-L
October 24, 2000
Willie B. Lanier, Holman Correctional Facility, A.I.S. 130184, Holman 3700, Atmore, AL 36503
Fred F. Bell, Esq., Office of the Attorney General, State of Alabama, 11 S. Union St., Montgomery, AL 36130
JUDGMENT
It is ORDERED that the summary judgment motion of defendant Tony Fralick (Doc. 12) be and is hereby GRANTED and that plaintiff have and take nothing from defendants. It is further ORDERED that plaintiffs' action be and is hereby DISMISSED with prejudice. A
ORDER
After due and proper consideration of all portions of this file deemed relevant to the issues raised, and a de novo determination of those portions of the Report and Recommendation to which objection is made, the Report and Recommendation of the Magistrate Judge made under 28 U.S.C. § 636 (b)(1)(B) is ADOPTED as the opinion of this Court. It is ORDERED that the summary judgment motion of Defendant Tony Fralick (Doc. 12) be and is hereby GRANTED; that the motion for summary judgment filed by the plaintiff is DENIED; and that plaintiff have and take nothing from Defendants. It is further ORDERED that plaintiffs' action be and is hereby DISMISSED with prejudice.