McCURRY v. MOORE, (N.D.Fla. 2002)

SEPHAN P. MICKLE, United States District Judge.

This cause comes on for consideration upon the magistrate judge's report and recommendation dated October 25, 2002. The parties have been furnished a copy of the second report and recommendation and afforded an opportunity to file objections. Pursuant to Title 28, United States Code, Section 636(b)(1), I have made a de novo determination of any portions to which an objection has been made.

Having considered the report and recommendation and all objections thereto timely filed, I have determined that the report and recommendation should be adopted.

Accordingly, it is now ORDERED as follows:

1. The magistrate judge's report and recommendation is adopted and incorporated by reference in this order.

2. That Defendants' summary judgment motion, doc. 13, is GRANTED in part, that summary judgment is GRANTED in favor of Defendant Moore on all claims, in favor of Defendant Franklin as to the failure to train and supervise claim, any damage claim in his official capacity, and any damage claim in his individual capacity arising prior to March 29, 2000, in favor of Defendant Bass as to any damage claim in her individual capacity arising prior to March 12, 2000, and that in all other respects, the summary judgment motion is DENIED and this case REMANDED to the magistrate judge for further proceedings.