Tartt v. Posey et al (INMATE 1), No. 2:2019cv00169 - Document 88 (M.D. Ala. 2021)
Court Description: OPINION. Signed by Honorable Judge Myron H. Thompson on 12/28/2021. (djy, )
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Tartt v. Posey et al (INMATE 1) Doc. 88 IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION FERNANDO TARTT, ) ) ) ) ) ) ) ) ) ) Plaintiff, v. WALTER POSEY and JOSEPH HEADLEY, Defendants. CIVIL ACTION NO. 2:19cv169-MHT (WO) OPINION Pursuant to 42 U.S.C. § 1983 and the First, Eighth, and Fourteenth Amendments, plaintiff, a state inmate, filed this lawsuit claiming that he was subjected to excessive force and retaliation, and that his due-process rights were violated in the disciplinary process. This lawsuit is now before the court on the recommendation of the United States Magistrate Judge that defendants' motion for summary judgment be granted in part and denied in part. the recommendation. review of the There are no objections to After an independent and de novo record, the court concludes that the Dockets.Justia.com magistrate judge’s recommendation should be adopted as to the result, although the court does not adopt all of the reasoning in the recommendation. An appropriate judgment will be entered, and the case will be set for a bench trial on the one remaining claim of excessive force against one of the defendants. DONE, this the 28th day of December, 2021. /s/ Myron H. Thompson UNITED STATES DISTRICT JUDGE
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