Henry v. Lipford

Full title: JOHNATHON JAY HENRY, Plaintiff, v. OFFICER LIPFORD, et al., Defendants.

Court: UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF FLORIDA PANAMA CITY DIVISION

Date published: Apr 29, 2013

CASE NO. 5:12-cv-34-RS-GRJ (N.D. Fla. Apr. 29, 2013)

Opinion

CASE NO. 5:12-cv-34-RS-GRJ

04-29-2013

JOHNATHON JAY HENRY, Plaintiff, v. OFFICER LIPFORD, et al., Defendants.

RICHARD SMOAK

ORDER

Before me is the Magistrate Judge's Report and Recommendation (Doc. 42) and Plaintiff's Objections (Doc. 43). I have reviewed Plaintiff's objections de novo.

IT IS ORDERED:

1. The Magistrate Judge's Report and Recommendation is approved and incorporated in this Order.
2. Defendants' Motion to Dismiss (Doc. 33) is GRANTED in part and DENIED in part. Plaintiff's claims in the Second Amended Complaint (Doc. 13) against Defendants Peacock and Gordon are DISMISSED and Plaintiff's Conspiracy claim against Defendant Lipford is DISMISSED.
3. The motion to dismiss Plaintiff's claim for compensatory damages and request for a judgment against the Department of Corrections is GRANTED without prejudice to Plaintiff later raising a claim for compensatory damages if he is able to demonstrate physical injury that is not de minimus.
4. The Eighth Amendment excessive force and retaliation claims against Officer Lipford remain.

____________________

RICHARD SMOAK

UNITED STATES DISTRICT JUDGE