Opinion
Case No. 4:12-cv-04094-VEH-JEO
08-07-2014
JAMES ALLEN FORESTER, Plaintiff, v. SERGEANT BRUCE T. HODGES, et al., Defendants.
MEMORANDUM OF OPINION AND ORDER
The magistrate judge filed a report and recommendation on July 7, 2014, recommending that:
(1) Defendants' motion for summary judgment on plaintiff's claims against them in their official capacities for monetary damages be GRANTED and the claims be DISMISSED with prejudice;(Doc. 33 at 19-20) (emphasis added). Objections to the recommendation were due on July 21, 2014. None have been filed.
(2) Defendants Guthery and Dixon's motion for summary judgment on plaintiff's Eighth Amendment excessive force claims be GRANTED and the claims be DISMISSED with prejudice;
(3) Defendants Hodge's motion for summary judgment on plaintiff's Eighth Amendment excessive force claim against Defendant Hodge be DENIED;
(4) Defendant Hodge's motion for summary judgment as to plaintiff's Eighth Amendment excessive force claim on the basis of qualified immunity be DENIED;
(5) Defendants Guthery and Dixon's motion for summary judgment on
plaintiff's Eighth Amendment failure to protect claims be DENIED;
(6) Defendants Guthery and Dixon's motion for summary judgment as to plaintiff's Eighth Amendment failure to protect claims on the basis of qualified immunity be DENIED; and
(7) Defendants' motion for summary judgment on plaintiff's Fourteenth Amendment due process claims be GRANTED and the claims be DISMISSED with prejudice.
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 judgment as a matter of law is appropriate as to all claims, issues, and parties as to which the magistrate recommended granting summary judgment. Accordingly, defendants' various motions for summary judgment are due to be, and hereby are, GRANTED as set out above, and the above-identified claims are DISMISSED with prejudice. In all other respects, the motions are DENIED.
By separate order, this case will be set for a final pretrial conference.
DONE and ORDERED this 7th day of August, 2014.
/s/_________
VIRGINIA EMERSON HOPKINS
United States District Judge