ALPHONSE v. WHITE

Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF FLORIDA PENSACOLA DIVISION

PHILIP ALPHONSE,

Plaintiff,

v. Case No. 3:24-cv-278-TKW-HTC

LIEUTENANT J. WHITE, et al.,

Defendants. / ORDER This case is before the Court based on the magistrate judge’s Report and Recommendation (R&R) (Doc. 37). Plaintiff did not file any objections to the R&R, but Defendants did. See Doc. 38. Upon due novo review of the issues raised in Defendants’ objections, the Court agrees with the magistrate judge’s recommended disposition of Defendants’ motion for partial summary judgment. Specifically, with respect to the issue of punitive damages, the Court finds that unless and until the Eleventh Circuit specifically holds that punitive damages are not available under 18 U.S.C. §3626, the Court is bound by the implicit holding in Johnson v. Breeden, 280 F.3d 1308, 1325-26 (11th Cir. 2002), that §3626 allows recovery of punitive damages. Accordingly, it is ORDERED that: Page 1 of 2 1. The magistrate judge’s Report and Recommendation is adopted and incorporated by reference in this Order. 2. Defendants’ motion for partial summary judgment (Doc. 27) is:

a. GRANTED with respect to Claims 1 and 2; and b. DENIED with respect to punitive damages. 3. This case is referred to the magistrate judge for further pretrial proceedings on Claims 3 and 4 relating solely to the allegations that Defendant Burdett inserted his finger into Plaintiff's rectum after he was handcuffed and the other defendants failed to intervene. DONE AND ORDERED this 28th day of July, 2025.

Tho Wel © fe

T. KENT WETHERELL, II UNITED STATES DISTRICT JUDGE

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