Bader v. Rush et al
ORDER approving and adopting 13 Recommended Disposition as this Court's findings in all respects; dismissing Mr. Bader's claims without prejudice; and denying his 9 10 motions for summary judgment and 15 motion to appoint counsel as moot. Signed by Judge Kristine G. Baker on 05/21/2015. (rhm)
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
STEVE S. BADER
Case No. 1:15-cv-00018-KGB-BD
RUSH, et al.
The Court has received the Recommended Disposition (“Recommendation”) filed by
Magistrate Judge Beth Deere (Dkt. No. 13). After careful review of the Recommendation, Mr.
Bader’s objections (Dkt. Nos. 14, 16), as well as a de novo review of the record, the Court
concludes that the Recommendation should be, and hereby is, approved and adopted as this
Court’s findings in all respects.
The Court writes separately to address Mr. Bader’s objections. Mr. Bader cites Bonner v.
Coughlin, 517 F.3d 1311 (7th Cir. 1975), which is not controlling on this Court. Moreover,
Bonner’s holding regarding the Fourth Amendment’s application to searches of prisoner’s cells
has been abrogated by the Supreme Court. See Hudson v. Palmer, 468 U.S. 517, 529 (1984)
(concluding that “prisoners have no legitimate expectation of privacy and that the Fourth
Amendment’s prohibition on unreasonable searches does not apply in prison cells”). Bonner
also is consistent with Judge Deere’s dismissal of Mr. Bader’s loss of personal property claim.
See Bonner, 517 F.2d at 1320 (“[W]e are persuaded that the availability of traditional and
adequate state procedures for the redress of ordinary property damage tort claims forestalls the
conclusion that there has been any deprivation of plaintiff’s property without due process of law
within the meaning of the Fourteenth Amendment.”).
Mr. Bader’s claims are dismissed without prejudice. His motions for summary judgment
and motion to appoint counsel are denied as moot (Dkt. Nos. 9, 10, 15).
SO ORDERED this the 21st day of May, 2015.
KRISTINE G. BAKER
UNITED STATES DISTRICT JUDGE
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