Brown v. Price et al, No. 2:2015cv01126 - Document 41 (N.D. Ala. 2016)
Court Description: MEMORANDUM OPINION. Signed by Judge L Scott Coogler on 11/15/2016. (PSM)
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Brown v. Price et al Doc. 41 FILED 2016 Nov-15 AM 10:32 U.S. DISTRICT COURT N.D. OF ALABAMA UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION THOMAS BRADLEY BROWN, Plaintiff, v. OFFICER J. SMITH, WARDEN CHERYL PRICE, WARDEN ANGELA MIREE, DR. ROY RODDAM, and CORIZON HEALTH SERVICES, Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. 2:15-cv-01126-LSC-JEO MEMORANDUM OPINION The magistrate judge filed a report on October 17, 2016, recommending defendants ADOC, Price, Miree, and Smith’s motion for summary judgment on the plaintiff’s Eighth Amendment excessive force and supervisory liability claims be granted and the claims be dismissed with prejudice. (Doc. 40). The magistrate judge further recommended that defendants Corizon and Roddam’s motion for summary judgment on the plaintiff’s Eighth Amendment medical claims be treated as a motion to dismiss for failure to exhaust administrative remedies pursuant to 42 U.S.C. § 1997e(a) and the motion be granted and the claims be dismissed without prejudice (Id.). Although the parties were advised of their right to file specific Dockets.Justia.com written objections within fourteen days, no objections have been received by the court. 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 defendants ADOC, Price, Miree, and Smith’s motion for summary judgment on the plaintiff’s Eighth Amendment excessive force and supervisory liability claims is due to be GRANTED, the court finding no genuine issues of material fact exists. The court further ORDERS that defendants Corizon and Roddam’s motion for summary judgment on the plaintiff’s Eighth Amendment medical claims be treated as a motion to dismiss for failure to exhaust administrative remedies pursuant to 42 U.S.C. § 1997e(a) and the motion is due to be GRANTED. DONE and ORDERED on November 15, 2016. _____________________________ L. Scott Coogler United States District Judge 160704 2
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