Jackson v. Speed et al

Filing 180

ORDER concluding that the 178 Proposed Findings and Recommended Partial Disposition should be, and hereby are, approved and adopted in their entirety as this Court's findings in all respects; denying as moot 152 Motion for Summary Judgment o f separate Correctional Medical Services Defendants; dismissing Defendant Hickey and the John Doe Defendants; granting in part and denying in part 146 Defendants' Motion for Summary Judgment; dismissing, with prejudice, Plaintiff's claims that he was denied a bed mat or water. Arkansas Department of Correction Defendants Barns, Decorsey, Avant, Maney, Golatt, Brooks, and Williams, as well as separate Defendants Speed and Ivey, are entitled to sovereign immunity as to tthe official capacity claims against them but are not entitled to qualified immunity. Signed by Chief Judge J. Leon Holmes on 10/02/08. (hph)

N THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS HELENA DIVISION CARL DANIEL JACKSON ADC #980003 v. SPEED et al. ORDE R The Court has reviewed the Proposed Findings and Recommended Partial Disposition submitted by United States Magistrate Judge H. David Young . No objections have been filed. After careful consideration, the Court concludes that the Proposed Findings and Recommended Partial Disposition should be, and hereby are, approved and adopted in their entirety as this Court's findings in all respects. IT IS THEREFORE ORDERED that: 1. The Motion for Summary Judgment of separate Correctional Medical Services No. 2:06CV000092 JLH/HDY DEFENDANTS PLAINTIFF

Defendants (docket entry #152) is DENIED AS MOOT; 2. Procedure; 3. 4. The John Doe Defendants are DISMISSED; The Motion for Summary Judgment of separate Arkansas Department of Correction Defendant Hickey is DISMISSED pursuant to Rule 4(m) of the Federal Rules of Civil

Defendants Barns, Decorsey, Avant, Maney, Golatt, Brooks, and Williams (docket entry # 146) is GRANTED IN PART, DENIED IN PART; 5. Plaintiff's claims that he was denied a bed mat or water are DISMISSED without

prejudice for failure to exhaust administrative remedies;

6.

Arkansas Department of Correction Defendants Barns, Decorsey, Avant, Maney,

Golatt, Brooks, and Williams, as well as separate Defendants Speed and Ivey, are entitled to sovereign immunity as to the official capacity claims against them; and 7. Arkansas Department of Correction Defendants Barns, Decorsey, Avant, Maney,

Golatt, Brooks, and Williams, as well as separate Defendants Speed and Ivey, are not entitled to qualified immunity. DATED this 2nd day of October, 2008.

UNITED STATES DISTRICT JUDGE