Ajibade et al v. Harris et al, No. 4:2016cv00082 - Document 164 (S.D. Ga. 2018)
Court Description: ORDER granting in part and denying in part 113 Motion for Partial Summary Judgment. Defendant Wilcher's motion with respect to Plaintiffs' assault and battery claim, and 42 U.S.C. 1983 excessive force claim is GRANTED and these claims are DISMISSED. However, Defendant Wilcher's request for summary judgment as to Plaintiffs' wrongful death claim is DENIED. As a result, Defendant Wilcher is entitled to summary judgment on Counts four and six. Defendant Wilcher is not entitled to summary judgment on Plaintiffs' claim in Count Five for wrongful death. Signed by Judge William T. Moore, Jr on 1/25/18. (loh)
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Ajibade et al v. Harris et al Doc. 164 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF GEORGIA SAVANNAH DIVISION SOLOMAN OLUDAMISI AJIBADE, as U. S. DISTRICT COUPT Southorn DIstrlcl o1 Ga. natural parent of Mathew Ajibade; and ADENIKE HANNAH AJIBADE, as natural parent of Mathew Ajibade; THE ESTATE OF Filed in Office MATHEW AJIBADE; and CHRIS OLADAPO, executor; ^uly Claris Plaintiffs, CASE NO. CV416-082 V. JOHN WILCHER, in his official capacity as Chatham County Sheriff; CORIZON HEALTH, INC., CORIZON LLC; GREGORY BROWN; FREDERICK BURKE; ABRAM BURNS; MARK CAPERS; MAXINE EVANS; ANDREW EVANS-MARTINEZ; PAUL FOLSONE; DEBRA JOHNSON; JASON KENNY; and ERIC VINSON; Defendants. ORDER Before the Court is Defendant John Wilcher's Motion for Partial Summary Judgment. (Doc. 113.) In his motion. Defendant Wilcher contends that he is entitled to partial summary judgment on three counts of Plaintiffs' amended complaint. For the following reasons, his motion is GRANTED IN PART and DENIED IN PART. Defendant Wilcher's motion with respect to Plaintiffs' assault and battery claim, and 42 U.S.C. ยง 1983 excessive force claim is GRANTED and these claims are DISMISSED. However, Dockets.Justia.com
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