Winston v. Harmon

Filing 26

ORDER ADOPTING 24 Partial Report and Recommendations granting in part and denying in part 16 Motion for Judgment on the Pleadings. Winston's deliberate indifference and retaliation claims remain. Winston's claims against Defendants in their official capacities for money damages are dismissed with prejudice. Signed by Judge D. P. Marshall Jr. on 10/16/13. (kpr)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
EASTERN DIVISION

CHARLES A. WINSTON
ADC # 84733

v.

PLAINTIFF

No. 2:12-cv-147-DPM-BD

GREG HARMON, Warden, East
Arkansas Regional Unit, ADC; and
CLAUDIA HARRIS, ADC

DEFENDANTS

ORDER
The Court has considered Magistrate Judge Beth Deere's Partial
Recommended Disposition, NQ 24, and Defendants' lengthy objections, NQ 25.
On de novo review, the Court adopts Judge Deere's decision in full. FED. R.
CIV. P. 72(b)(3). Defendants' motion for judgment on the pleadings, NQ 16, is
granted in part and denied in part. Defendants' new standing argument can't
get past Farmer v ..Brennan, 511 U.S. 825, 845 (1994) and Burgess v. Moore, 39
F.3d 216,218 (8th Cir. 1994). Winston's deliberate indifference and retaliation
claims remain. Winston's claims against Defendants in their official capacities
for money damages are dismissed with prejudice.

His

claims for

compensatory damages and injunctive relief are dismissed without prejudice.

The qualified-immunity issue should be further ventilated as the case
proceeds.
So Ordered.

D.P. Marshall Jr.
United States District Judge

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