Opinion
Case No. 4:15cv405-MW/CAS
12-18-2017
JAMMIE GORDON, Plaintiff, v. OFFICER MURPHY, et al., Defendants.
ORDER ACCEPTING AND ADOPTING REPORT AND RECOMMENDATION
This Court has considered, without hearing, the Magistrate Judge's Report and Recommendation. ECF No. 60. Upon consideration, no objections having been filed by the parties,
IT IS ORDERED:
The report and recommendation is accepted and adopted as this Court's opinion. The motion for summary judgment filed by Defendants Murphy, Chapman, and Gregg, ECF No. 51, is GRANTED in part and DENIED in part. The motion is denied as to the Eighth Amendment claim for excessive use of force against Defendants Chapman and Murphy, denied as to the Eighth Amendment claim for failure to protect against Defendant Gregg, and denied as to Defendants' qualified immunity defense, but granted in respect to all other claims. Plaintiff's request for punitive and compensatory damages, ECF No. 4 at 9, is DISMISSED pursuant to 42 U.S.C. § 1997e(e). This case is REMANDED to the Magistrate Judge for further proceedings prior to setting for trial.
SO ORDERED on December 18, 2017.
s/ Mark E. Walker
United States District Judge