Toney v. State of Ala.

MEMORANDUM OPINION AND ORDER

ALBRITTON, District Judge.

This cause is before the court for consideration of defendants’ motion for summary judgment filed August 26, 1991. Toney filed a response to said motion on October 18, 1991. The court has reviewed the parties’ arguments and finds that defendants’ motion for summary judgment is due to be granted in part and denied in part.

On April 23, 1992, plaintiff Richard To-ney, an African-American male, filed this action against the State of Alabama, Alabama Department of Corrections and its Commissioner, Morris Thigpen, and West Jefferson Correctional…