Fletcher v. Dallas Police Department

3:05-cv-02138 | N.D. Tex. | Jul 6, 2006

ease 3:05-cv-02138-B Documem 34 Filed 07/06/06 Pa§£ $~PXSIT WQBBT RNDIS CTOF TEXAS OR 161 NAL IN THE UNITED STATES DISTRICT 1 ¢ " '{ FILED FoR THE NoRTHERN DISTRICT oF DALLAS DIvIsIoN CLERK, .S.DlSTRICTCOURT WENFoRD FLETCHER, B’ wm ) Plaintiff, ) / ` ) / f v. ) Civil No. 3:05-CV-2138-B ) ECF TOM JACOB SCHWEND and DANIEL ) WARREN FOSTER, ) Defendants. ) QM The Court has considered the Findings, Conclusions, and Recommendation of the United States Magistrate Judge on Defendants’ Motion for Summary Judgment and accepts the Findings, Conclusions, and Recommendation. The District Court grants Defendants summary judgment on all of Plaintiffs claims except his § 1983 claims of excessive force. Genuine issues of material fact exist With respect to Plaintiff’ s claim that Defendants used excessive force While they Were attempting to arrest him and after they had handcuffed him. Accordingly, the District Court hereby denied Defendants’ Motion for Summary Judgment on Plaintiff` s claims of excessive force. Additionally, discovery narrowly tailored to the issue of qualified immunity is hereby allowed. IT ls So oRDERED this _éz\day of l.)l¢zg»(vu§/ TATES DISTRICT JUDGE