Johnson v. Benton et al (INMATE 1), No. 1:2013cv00672 - Document 47 (M.D. Ala. 2015)

Court Description: OPINION. Signed by Honorable Judge Myron H. Thompson on 12/30/2015. (wcl, )

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IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA, SOUTHERN DIVISION FRED JOHNSON, ) ) ) ) ) ) ) ) ) Plaintiff, v. GREG BENTON, et al., Defendants. CIVIL ACTION NO. 1:13cv672-MHT (WO) OPINION Pursuant to 42 U.S.C. § 1983, the plaintiff, a state inmate, filed this lawsuit complaining that the Dothan City Police Officers who arrested him in 2011 used excessive force in doing so. This lawsuit is now before the court on the recommendation of the United States Magistrate Judge that the defendants’ motions for summary judgment should be granted in their favor because the applicable plaintiff’s statute of claims limitations entitled to equitable tolling. to the recommendation. are barred and he by the is not There are no objections After an independent and de novo review of the record, the court concludes that the magistrate judge’s recommendation should be adopted. An appropriate judgment will be entered. DONE, this the 30th day of December, 2015. /s/ Myron H. Thompson UNITED STATES DISTRICT JUDGE

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