Hastings v. Oxner et al

Filing 84

ORDER ADOPTING 81 Partial Report and Recommendations of Magistrate Judge; granting 63 Motion for Summary Judgment filed by Sheriff Oxner and Captain Guynes; 66 Motion for Summary Judgment filed by Defendants Clay, Barnes and Miles is granted in part and denied in part; The official capacity claims for monetary damages, deliberate indifference to medical needs claims, retaliation claims and verbal harassment claim are dismissed, and Defendant Miles is dismissed as a defendant. Summary judgment on the due process claims against Defendants Barnes and Clay is denied. Signed by Judge Susan Webber Wright on 2/10/2014. (mcz)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
EASTERN DIVISION
MICHAEL HASTINGS, ADC # 110772

*
*
*
*
*
*
*
*
*

Plaintiff,
v.
JACKIE OXNER, Sheriff, Lee County;
et al.
Defendants.

No. 2:12CV00212-SWW-JJV

ORDER
The Court has reviewed the Proposed Findings and Recommended Partial Disposition submitted by
United States Magistrate Judge Joe J. Volpe. 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 (Doc. No. 63) filed by Sheriff Oxner and Captain

Guynes is GRANTED and they are dismissed as defendants.
2.

The Motion for Summary Judgment (Doc. No. 66) filed by Defendants Clay, Barnes and

Miles is GRANTED in part and DENIED in part:
A.

The official capacity claims for monetary damages, deliberate indifference to medical

needs claims, retaliation claims, and verbal harassment claim are DISMISSED and Defendant Miles is
dismissed as a defendant.
B.

Summary judgment on the due process claim against Defendants Barnes and Clay

is DENIED.
SO ORDERED this 10th day of February, 2014.
/s/Susan Webber Wright
UNITED STATES DISTRICT JUDGE