Jones v. Lee

Full title: MICHAEL WILLIAM JONES, Plaintiff, v. DENNIS LEE, et al., Defendant

Court: United States District Court, N.D. Florida, Panama City Division

Date published: Sep 15, 2008

CASE NO. 5:08cv27/RS/AK (N.D. Fla. Sep. 15, 2008)

Opinion

CASE NO. 5:08cv27/RS/AK.

September 15, 2008

ORDER

RICHARD SMOAK, District Judge

Before me are Motion for Summary Judgment of Defendants Tate, Harrison and French in their Individual Capacity with Incorporated Memorandum of Law (Doc. 39) and Defendant Sheriff's Motion for Summary Judgment with Incorporated Memorandum of Law (Doc. 46). Under the Rule 56(c) of the Federal Rules of Civil Procedure, summary judgment should be granted when there is no genuine issue as to any material fact and the moving party is entitled to judgment as a matter of law. Fed.R.Civ.P. 56(c).

Here, I find there is a genuine issue as to material facts. Motion for Summary Judgment of Defendants Tate, Harrison and French in their Individual Capacity with Incorporated Memorandum of Law (Doc. 39) is DENIED.

Defendant Sheriff's Motion for Summary Judgment with Incorporated Memorandum of Law (Doc. 46) is DENIED.

ORDERED.