IN THE UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF FLORIDA

TALLAHASSEE DIVISION

ROBERT JOHNSON, 

 Plaintiff, 

 

v. Case No.: 4:20cv410-MW/MAF

A. MASSEY, et al., 

Defendant. 

_________________________/

ORDER ACCEPTING REPORT AND RECOMMENDATION

This Court has considered, without hearing, the Magistrate Judge's Report and 

Recommendation, ECF No. 73, and has also reviewed de novo Plaintiff’s objections, 

ECF No. 75. Plaintiff asserts the Magistrate Judge erred in recommending that this 

Court grant summary judgment as to Defendants Dowden and Brown, arguing that 

these Defendants acted in concert with Defendant Massey to maliciously and 

sadistically apply chemical agents to cause him harm. In so doing, Plaintiff has 

transformed his claims of excessive force against Dowden and Brown, based on 

forcefully shoving him into a cell with an inmate who he feared, to an alleged 

conspiracy with Defendant Massey to administer chemical agents to him. But upon 

review of the record, this Court agrees with the Magistrate Judge’s description of 

Plaintiff’s claims and his recommendation with respect to these Defendants’ motion 

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for summary judgment. That is, Plaintiff’s excessive-force claims against 

Defendants Dowden and Brown were limited to the force used to place him in a cell 

with another inmate— “grabb[ing]Mr. Johnson’s arm and wrists and . . . bending his 

arms and wrists upwards – applying pressure to his arms and wrists and forcing him 

to bend forward – while Officer Brown tightly gripped his left arm and together, 

they forcefully shoved Mr. Johnson inside the cell with the unknown white inmate 

and instantly slammed the cell door.” ECF No. 61 at 13–14. 

Accordingly,

IT IS ORDERED:

The report and recommendation, ECF No. 73, is accepted and adopted, over 

the Plaintiff’s objections, as this Court’s opinion. Defendants’ motion for summary 

judgment, ECF No. 67, is GRANTED in part and DENIED in part as follows.

Summary judgment is granted in favor of Defendants Dowden and Brown on 

Plaintiff’s § 1983 claim for the use of excessive force and the state-law assault and 

battery claim. Summary judgment is also granted in favor of all Defendants on the 

state-law claim for intentional infliction of emotional distress. Otherwise, summary 

judgment is denied as to all other claims—namely, Plaintiff’s Eighth Amendment 

excessive force claim against Defendant Massey, Plaintiff’s First Amendment 

retaliation claim against all Defendants, Plaintiff’s failure to protect claim against 

all Defendants, and Plaintiff’s state-law assault and battery claim against Defendant 

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Massey—as there are genuine disputes of material fact for each of these claims. This 

Court does not direct partial entry of judgment pursuant to Federal Rule of Civil 

Procedure 54(b). The Clerk shall set this case for a telephonic status conference, at 

which time the parties should be prepared to discuss scheduling for a trial date. 

SO ORDERED on February 21, 2023. 

 s/Mark E. Walker ____

 Chief United States District Judge

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