11-520 Oliver Excessive Force.FINAL2
Case 1:11-cv-00520-KD-B Document 77 Filed 08/19/14 Page 1 of 59 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION MICHAEL DARNELL OLIVER, * (AIS #: 207467) * Plaintiff, * * vs. * CIVIL ACTION NO.11-00520-KD-B * JOHNNY L. JOHNSON, et al., * * Defendants. * REPORT AND RECOMMENDATION Michael Darnell Oliver, an Alabama prison inmate proceeding pro se and in forma pauperis, filed a complaint under 42 U.S.C. § 1983. This action was referred to the undersigned pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 72.2(c)(4), and is now before the undersigned on Defendants’ Motion for Summary Judgment (Doc. 73) 1 and Plaintiff’s Response thereto (Doc. 74). Upon consideration of the foregoing pleadings, and all other relevant pleadings in this file, the undersigned recommends that Defendants’ motion be GRANTED, in part, and be DENIED, in part, and that the remaining issue be set for an evidentiary hearing. Specifically, Defendants’ motion is due to be GRANTED and Plaintiff’s claims arising out of the incident occurring on July 10, 2011 and involving Defendants Shelton Forney, L. Bailey, K. 1 Defendants’ Answers and Special Reports (Docs. 48, 49, 53, 59 70, and 72) were collectively converted into and treated as a motion for summary judgment. Case 1:11-cv-00520-KD-B Document 77 Filed 08/19/14 Page 2 of 59 Reynolds, R. Armstrong, Johnny L. Johnson, C. Kimbrel, and Thaddeus Betts should be dismissed. Likewise, Defendant’s motion is due to be GRANTED, and Plaintiff’s claims arising out of the incidents occurring on August 24-25, 2011, and involving Defendants Johnny L.
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