-CSC Reynolds v. Dept/Transportation, et al, No. 2:1985cv00665 - Document 8736 (M.D. Ala. 2011)

Court Description: OPINION AND ORDER; ORDER, JUDGMENT and DECREE of the court as follows: (1) the plf's 8712 & defendants' 8709 objections are overruled; (2) the special master's 8708 REPORT AND RECOMMENDATION is adopted; (3) the defendants' [ 8441] Motion for Summary Judgment is denied on claimant Lawrence Kromtit's individual-contempt "out-of-classification" claim; (4) the defendants' 8441 motion for summary judgment is granted on all of claimant Kromtit's othe r individual-contempt claims; (5) judgment is entered in favor of the defendants and against the plaintiffs as to all of claimant Kromtit's individual-contempt claims except his "out-of-classification" claim; further ORDERING that this matter is referred back to the special master for further appropriate proceedings. Signed by Honorable Judge Myron H. Thompson on 11/22/11. (Attachments: # 1 civil appeals checklist)(djy, )
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IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION JOHNNY REYNOLDS, et al., ) ) ) ) ) ) ) ) ) ) Plaintiffs, v. ALABAMA DEPARTMENT OF TRANSPORTATION, et al., Defendants. CIVIL ACTION NO. 2:85cv665-MHT (WO) OPINION AND ORDER This long-standing litigation is now before the court on the special defendants motion master s for recommendation summary judgment that on the claimant Lawrence Kromtit s individual-contempt claims should be denied in part and granted in part. The special master recommends that the defendants motion should be denied on Kromtit s out-of-classification claim and granted on all his other claims. The plaintiffs and the defendants have filed objections to the recommendation. After an independent and de novo review of the record, the court concludes that the objections should be overruled and the recommendation adopted. *** It is therefore the ORDER, JUDGMENT, and DECREE of the court as follows: (1) The plaintiffs objections (Doc. No. 8712) and the defendants objections (Doc. No. 8709) are overruled. (2) The special master s recommendation (Doc. No. 8708) is adopted. (3) The defendants motion for summary judgment (Doc. No. 8441) is denied on claimant Lawrence Kromtit s individual-contempt out-of- classification claim. (4) The defendants motion for summary judgment (Doc. No. 8441) is granted on all of claimant Kromtit s other individual-contempt claims. (5) Judgment is entered in favor of the defendants and against the plaintiffs as to all of claimant 2 Kromtit s individual-contempt claims except his out-of-classification claim. It is further ORDERED that this matter is referred back to the special master for further appropriate proceedings. DONE, this the 22nd day of November, 2011. /s/ Myron H. Thompson UNITED STATES DISTRICT JUDGE
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