Thomas v. Cunningham et al (INMATE 1), No. 2:2019cv00417 - Document 24 (M.D. Ala. 2022)
Court Description: OPINION. Signed by Honorable Judge Myron H. Thompson on 8/11/2022. (bes, )
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Thomas v. Cunningham et al (INMATE 1) Doc. 24 IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION ALONZO H. THOMAS, ) ) ) ) ) ) ) ) ) ) Plaintiff, v. DERRICK CUNNINGHAM, et al., Defendants. CIVIL ACTION NO. 2:19cv417-MHT (WO) OPINION Plaintiff, an inmate, filed this lawsuit in state court claiming that the defendants, the Montgomery County Sheriff and his employees, had taken money from his inmate excessive misconduct. account fines without for a due prior process and imposed incident of alleged The case was removed to this court on the basis of federal-question jurisdiction. This lawsuit is now before the court on the recommendation of the United States Magistrate Judge that defendants’ motion for summary judgment should be granted. objections to the recommendation. There are no After an independent Dockets.Justia.com and de novo review of the record, the court concludes that the magistrate judge’s recommendation should be adopted, with one minor exception. adopt the finding that the The court does not majority of the fine plaintiff received for destroying a broom was due to his destruction of his identification card, as it appears the latter incident occurred months prior to the broom incident and it is unnecessary to resolve the issue. See Report and Recommendation (Doc. 23) at 10. Nevertheless, for the plaintiff’s other reasons excessive-fines stated in claim the report fails and recommendation. An appropriate judgment will be entered. DONE, this the 11th day of August, 2022. /s/ Myron H. Thompson UNITED STATES DISTRICT JUDGE 2
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