Summary
finding where a scratch resulting from a correctional officer's pushing, shoving, and hitting in order for the inmate to get back to work did not constitute excessive force
Summary of this case from Gardner v. MackOpinion
Civil Action No. 97-1104-RV-L
March 30, 2001
JUDGMENT
It is ORDERED that the summary judgment motion of defendant Alex Thames (Doc. 11; 15) is GRANTED. It is further ORDERED that plaintiff's action is DISMISSED with prejudice.
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) and dated the 22nd day of January, 2001, is ADOPTED as the opinion of this Court. It is ORDERED that defendant Alex Thames' motion for summary judgment (Doc. 11; 15) is GRANTED. It is further ORDERED that plaintiff's action is DISMISSED with prejudice.