Summary
finding that the inmate's claims for the burning sensation on his body from being sprayed with a chemical agent for his kicking his cell door and yelling obscenities was not an injury that was greater than de minimis inasmuch as after he rinsed off, he presented no injuries requiring treatment, voiced no complaints in the medical examination, and did not use sick call for later developing problems
Summary of this case from Winston v. BrownOpinion
Case No.: 3:11cv533/RV/EMT
05-16-2013
ALVIN C. THOMPSON, Plaintiff, v. SGT. R. QUINN, et al., Defendants.
ORDER
This cause comes on for consideration upon the magistrate judge's Report and Recommendation dated April 30, 2013 (doc. 89). The parties have been furnished a copy of the Report and Recommendation and have been afforded an opportunity to file objections pursuant to Title 28, United States Code, Section 636(b)(1). I have made a de novo determination of all timely filed objections (docs. 82, 93, 95).
Having considered the Report and Recommendation, and the timely filed objections thereto, I have determined that the Report and Recommendation should be adopted with modifications. Specifically, Tifft's statement is inadmissible hearsay under the undisputed facts of this case, and is not within Evidence Rule 801(d)(2). There is no other evidence against Tifft, so he is entitled to summary judgment dismissal.
Accordingly, it is now ORDERED as follows:
1. The magistrate judge's Report and Recommendation is adopted and incorporated by reference in this order, as modified herein.
2. Defendants' motion for summary judgment (doc. 73) is GRANTED IN PART to following extent (all dismissals are with prejudice):
a. Plaintiff's claims against all Defendants for punitive and compensatory (other than nominal) damages are DISMISSED pursuant to 42 U.S.C. § 1997e(e);
b. Plaintiff's claims for damages against all Defendants in their official capacities are DISMISSED;
c. Plaintiff's state law claims are DISMISSED.
d. Plaintiff's claims against Defendant Tifft are DISMISSED.
3. Defendants' motion for summary judgment (doc. 73) is otherwise DENIED, and Plaintiff's Eighth Amendment claim against Defendants Quinn and Byrd shall proceed.
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ROGER VINSON
SENIOR UNITED STATES DISTRICT JUDGE