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Funari v. Warden of the James V. Allred Unit

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS WICHITA FALLS DIVISION
Mar 20, 2014
Civil No. 7:12-CV-011-O-KA (N.D. Tex. Mar. 20, 2014)

Summary

finding use of force was not excessive where a guard struck an inmate in the face several times with his knee causing injury while an extraction team held the inmate on the floor of his cell attempting to gain control

Summary of this case from Scales v. Klusmeyer

Opinion

Civil No. 7:12-CV-011-O-KA

03-20-2014

ROCCO FUNARI, TDCJ #1027893, Plaintiff, v. WARDEN of the James V. Allred Unit, et al., Defendants.


ORDER ACCEPTING REPORT AND RECOMMENDATION

OF THE UNITED STATES MAGISTRATE JUDGE

After making an independent review of the pleadings, files, and records in this case, of the Report and Recommendation of the United States Magistrate Judge, and of Plaintiff's objections thereto, I am of the opinion that the Report and Recommendation of the Magistrate Judge is correct and it is hereby adopted and incorporated by reference as the Findings of the Court.

Accordingly, this action is DISMISSED with prejudice.

_______________

Reed O'Connor

UNITED STATES DISTRICT JUDGE


Summaries of

Funari v. Warden of the James V. Allred Unit

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS WICHITA FALLS DIVISION
Mar 20, 2014
Civil No. 7:12-CV-011-O-KA (N.D. Tex. Mar. 20, 2014)

finding use of force was not excessive where a guard struck an inmate in the face several times with his knee causing injury while an extraction team held the inmate on the floor of his cell attempting to gain control

Summary of this case from Scales v. Klusmeyer

finding the court could rely on video of the event when it blatantly contradicted the "visible fiction" offered by the plaintiff

Summary of this case from Epley v. Gonzalez
Case details for

Funari v. Warden of the James V. Allred Unit

Case Details

Full title:ROCCO FUNARI, TDCJ #1027893, Plaintiff, v. WARDEN of the James V. Allred…

Court:UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS WICHITA FALLS DIVISION

Date published: Mar 20, 2014

Citations

Civil No. 7:12-CV-011-O-KA (N.D. Tex. Mar. 20, 2014)

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