Tolbert v. Singleton et al (INMATE 2), No. 2:2019cv00557 - Document 35 (M.D. Ala. 2022)

Court Description: OPINION. Signed by Honorable Judge Myron H. Thompson on 8/11/2022. (es, )

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Tolbert v. Singleton et al (INMATE 2) Doc. 35 IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION RODNEY TOLBERT, ) ) Plaintiff, ) ) v. ) ) OFFICER SINGLETON, et al., ) ) Defendants. ) CIVIL ACTION NO. 2:19cv557-MHT (WO) OPINION Pursuant to 42 U.S.C. § 1983, plaintiff, a state inmate, filed this lawsuit claiming that the defendant correctional indifference officers when they acted with improperly deliberate allowed a ‘close custody’ inmate to enter an exercise yard unrestrained, where the inmate stabbed plaintiff, who was properly restrained in leg irons, handcuffs, and belly chains. 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. There recommendation. are After no an objections independent and to the de novo Dockets.Justia.com review of the record, the court concludes that the magistrate judge’s recommendation should be adopted as to the result, though for somewhat different reasons. The court notes that defendants’ affidavits explaining their version of what occurred are fairly conclusory and do a poor job of elucidating how the attacker--if he was in leg irons, handcuffs, and belly chains and if defendants defendant had claims--was Defendants’ 24-1, & Affidavits Doc. defendants’ submitted strip searched him, able stab to (Doc. 20-1, as at least plaintiff. Doc. even See 20-2, 24-2). However, conclusory affidavits, plaintiff affirmative evidence sufficient one Doc. disregarding has not for a reasonable factfinder to conclude that the defendants were deliberately indifferent rather than merely negligent. An appropriate judgment will be entered. DONE, this the 12th day of August, 2022. /s/ Myron H. Thompson UNITED STATES DISTRICT JUDGE

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