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