Kopperud v. Mabry et al, No. 1:2012cv03503 - Document 80 (N.D. Ga. 2013)

Court Description: OPINION AND ORDER that Defendants Dexter Mabry and Damien Butler's Motion for Summary Judgment 51 is GRANTED IN PART and DENIED IN PART. Plaintiff's claim under Section 1983 for excessive use of force asserted against Butler is DISMISSED. Plaintiff's claim under Section 1983 for false arrest asserted against Butler is DISMISSED. Plaintiff's claim under Section 1983 for failure to intervene asserted against Mabry is DISMISSED. Plaintiff's claim for assault and battery a gainst Butler is DISMISSED. IT IS FURTHER ORDERED that Defendant Butler is DISMISSED from this action. IT IS FURTHER ORDERED that the parties' Consolidated Consent Motion for Limited Discovery 50 is GRANTED. The parties agreed to conduct addit ional depositions only if the Court permitted Plaintiff's false arrest claim to proceed. The discovery deadline thus is extended for the limited purpose of conducting those additional depositions. These additional depositions shall be concluded on or before February 14, 2014. Signed by Judge William S. Duffey, Jr on 12/17/2013. (Attachments: # 1 Attachment) (anc)