Ellis v. Arron et al, No. 2:2017cv01726 - Document 33 (N.D. Ala. 2018)

Court Description: MEMORANDUM OPINION AND ORDER: The magistrate judge's report is ADOPTED and the recommendation is ACCEPTED. The court ORDERS that the defendants' motion for summary judgment 25 is GRANTED as to the claims against the defendants in their of ficial capacities, and DENIED as to the claims against the defendants in their individual capacities. The plaintiff's claims for injunctive relief are DISMISSED. The remaining claims, for excessive force against the defendants in their official capacities, are REFERRED to the magistrate judge for further proceedings. Signed by Judge Abdul K Kallon on 10/1/2018. (AFS)

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Ellis v. Arron et al Doc. 33 FILED 2018 Oct-01 PM 03:59 U.S. DISTRICT COURT N.D. OF ALABAMA UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION DAVON L. ELLIS, Plaintiff, v. SGT. L. AARON, et al., Defendants. ) ) ) ) ) ) ) ) ) Case No. 2:17-cv-01726-AKK-JHE MEMORANDUM OPINION AND ORDER The magistrate judge filed a report on August 24, 2018, recommending that the defendants’ special report be treated as a motion for summary judgment and further recommending that the motion be granted in part and denied in part. Doc. 32. Although the parties were advised of their right to file specific written objections within fourteen days, no objections have been filed. Having carefully reviewed and considered de novo all the materials in the court file, including the report and recommendation, the magistrate judge’s report is hereby ADOPTED and the recommendation is ACCEPTED. Accordingly, the court ORDERS that the defendants’ motion for summary judgment, doc. 25, is GRANTED as to the claims against the defendants in their official capacities, and DENIED as to the claims against the defendants in their individual capacities. The plaintiff’s claims for injunctive relief are DISMISSED. The remaining claims, for Dockets.Justia.com excessive force against the defendants in their individual capacities, are REFERRED to the magistrate judge for further proceedings. DONE the 1st day of October, 2018. _________________________________ ABDUL K. KALLON UNITED STATES DISTRICT JUDGE 2

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