Summary
accepting magistrate judge's ruling: "The court will not second-guess a prison official's use of force in response to a violent disturbance and resistance by prisoners unless that use of force is so excessive as to be unmistakably malicious and sadistic. The use of force by prison officials to compel compliance with security and safety needs in the prison is, unfortunately, a common if not frequent occurrence. Such uses of force to maintain order and discipline are not unconstitutional unless the force is so great or so unnecessary that it can be nothing more than malicious and sadistic. Where the evidence leaves room for the conclusion that force was applied for the legitimate purpose of restoring or maintaining order, there is no genuine issue of fact precluding summary judgment."
Summary of this case from Harris v. AllisonOpinion
Case No. 2:12-cv-02478-LSC-TMP
05-20-2015
ANTWAIN VONTELL MAYE, Plaintiff, v. COMMISSIONER KIM THOMAS, et al., Defendants.
MEMORANDUM OF OPINION
The magistrate judge filed a report and recommendation on April 28, 2015, recommending that Defendant Gadson's motion for summary judgment be granted and this cause be dismissed with prejudice. (Doc. 22). No objections have been filed by any party.
Having carefully reviewed and considered de novo all the materials in the court file, including the report and recommendation, the Court is of the opinion that the magistrate judge's report is due to be and is hereby ADOPTED and his recommendation is ACCEPTED. The Court EXPRESSLY FINDS that there are no genuine issues of material fact and that the defendant is entitled to judgment as a matter of law. Accordingly, Defendant Gadson's motion for summary judgment is due to be GRANTED and this action is due to be DISMISSED WITH PREJUDICE. A Final Judgment will be entered.
Done this 20th day of May 2015.
/s/_________
L. Scott Coogler
United States District Judge
[160704]