Craig Ninja Antonio Brewton v. Brady Branson, III and Marcus L. White

Summary

The court adopted the magistrate judge’s Report and Recommendation and granted defendants’ motion for summary judgment in a 42 U.S.C. § 1983 excessive-force action arising from plaintiff’s arrest. The court found that the force used against plaintiff, who was resisting arrest, was reasonable and that defendants were entitled to qualified immunity; plaintiff’s summary-judgment and amendment motions were denied.

Holdings

1. Defendants were entitled to summary judgment because the force used to place Plaintiff, who was actively resisting arrest, on the ground was reasonable and necessary under the circumstances and therefore did not violate the Constitution.
2. Defendants were entitled to qualified immunity because Plaintiff failed to establish a constitutional violation.
3. Plaintiff's motion to amend the Complaint to add defendants was properly denied because it was filed after the close of discovery, was futile, and would prejudice Defendants.
4. Because no party filed specific objections, the district court was required only to satisfy itself that no clear error appeared on the face of the record before adopting the Report and Recommendation.

Questions Presented

1. Whether Defendants were entitled to summary judgment on Plaintiff's § 1983 excessive-force claim.
2. Whether Defendants were entitled to qualified immunity because the record showed no constitutional violation.
3. Whether Plaintiff's motions for summary judgment should be denied.
4. Whether Plaintiff's post-discovery motion to amend the Complaint to add defendants should be denied as untimely, futile, and prejudicial.
5. Whether the district court should adopt the magistrate judge's Report and Recommendation after no party filed objections.

Disposition

other