Coleman v. Scott

Full title: ESTATE OF ARTHUR LEE COLEMAN, JR. and TARLISHA DAVIS, EDDRICH BROWN, TEARA…

Court: United States District Court, M.D. Florida, Ft. Myers Division

Date published: Aug 10, 2010

CASE NO. 2:10-CV-105-FtM-36SPC (M.D. Fla. Aug. 10, 2010)

Opinion

CASE NO. 2:10-CV-105-FtM-36SPC.

August 10, 2010

ORDER

CHARLENE HONEYWELL, District Judge

THIS CAUSE came on for consideration upon the Report and Recommendation filed by United States Magistrate Judge Sheri P. Chappell on July 20, 2010 (Dkt. 51), recommending that the Court grant the Motion to Strike Punitive Damages Claims filed by Defendants City of Fort Myers, Fort Myers Police Department, Officer Robert Kerbs, and Officer Timothy McCormack on May 26, 2010 (Dkt. 27). Specifically Magistrate Judge Chappell recommended that the punitive damages claims against Defendants City of Fort Myers, Fort Myers Police Department, Officer Kerbs and Officer McCormack in their official capacities be stricken (Dkt. 51, p. 4). However, the Magistrate Judge recommended that the punitive damages claims against Officer Kerbs and Officer McCormack in their individual capacities remain pending. Id. Plaintiffs did not file an objection to the Report and Recommendation, and the time for filing such an objection has expired.

After carefully considering Plaintiffs' Amended Complaint (Dkt. 3), Defendants' Motion, Plaintiffs' Response in opposition (Dkt. 50) and Magistrate Judge Chappell's Report and Recommendation, and undertaking a de novo review of the legal determinations recommended therein, the Court concludes that Magistrate Judge Chappell's Report and Recommendation should be confirmed and accepted.

ACCORDINGLY, it is now ORDERED and ADJUDGED as follows:

1. The Report and Recommendation of the Magistrate Judge (Dkt. 51) is ADOPTED, CONFIRMED and APPROVED in all respects and is made a part of this Order for all purposes, including appellate review.

2. The Motion to Strike Punitive Damages Claims filed by Defendants City of Fort Myers, Fort Myers Police Department, Officer Robert Kerbs, and Officer Timothy McCormack (Dkt. 27) is GRANTED in part and DENIED in part. The punitive damages claim against Defendants City of Fort Myers, Fort Myers Police Department, Officer Robert Kerbs and Officer Timothy McCormack in their official capacities is stricken. The punitive damages claim against Officer Robert Kerbs and Officer Timothy McCormack in their individual capacities shall remain pending.

DONE AND ORDERED at Ft. Myers, Florida.