Summary
A United States magistrate judge recommends granting Defendant Walter Sammons’s motions for summary judgment in Terrance J. Feaster’s 42 U.S.C. § 1983 action. The recommendation addresses claims alleging Eighth Amendment excessive force and failure to intervene, as well as First Amendment retaliation arising from prison cell searches and an alleged incident in a correctional facility office. The magistrate judge concludes that Plaintiff failed to establish genuine disputes of material fact supporting the claims.
Holdings
- The magistrate judge recommended granting summary judgment because the record, viewed in Feaster’s favor, was so contradictory to his account that no reasonable jury could find that defendants used force; alternatively, Feaster failed to produce evidence satisfying the subjective and objective components of an Eighth Amendment excessive-force claim.
- The magistrate judge recommended granting summary judgment because Feaster failed to establish the adverse-action and causation elements of a First Amendment retaliation claim, and defendants established that the challenged cell searches would have occurred regardless of Feaster’s protected activity.
Questions Presented
- Whether defendants were entitled to summary judgment on Feaster’s Eighth Amendment excessive-force claim.
- Whether defendant Norman was entitled to summary judgment on Feaster’s Eighth Amendment failure-to-intervene claim.
- Whether defendant Sammons was entitled to summary judgment on Feaster’s First Amendment retaliation claim based on cell searches and related conduct.
Disposition
other
Cases Cited (31)
- Celotex Corp. v. Catrett, 477 U.S. 317, 322, 324 (1986)(followed)
- Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248, 257 (1986)(followed)
- Matsushita Elec. Indus. Co. v. Zenith Radio, 475 U.S. 574, 587 (1986)(followed)
- Scott v. Harris, 550 U.S. 372, 380 (2007)(followed)
- Whitley v. Albers, 475 U.S. 312, 327 (1986)(followed)
- Wilkins v. Gaddy, 559 U.S. 34, 34–37 (2010)(followed)
- Hudson v. McMillian, 503 U.S. 1, 5–10 (1992)(followed)
- Cordell v. McKinney, 759 F.3d 573, 580 (6th Cir. 2014)(followed)
- Johnson v. Sootsman, 79 F.4th 608, 615–18 (6th Cir. 2023)(followed)
- Brown v. Gray, 2022 WL 961246, at *? (6th Cir. Mar. 28, 2022)(followed)
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Cited In (0)
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