Scott v. Hobbs et al

Filing 158

ORDER adopting 156 Recommendations; granting in part and denying in part 131 the ADC Defendants' motion for summary judgment; dismissing with prejudice all claims against Defendants Burl, Ball, Payne and Kelly; granting 134 the Medical D efendants' motion for summary judgment; dismissing with prejudice all claims against Defendants Burnell, Sherman, Campbell, Horton, and Corizon; denying without prejudice 119 Scott's motion for summary judgment; and, requesting that Magis trate Judge Ray appoint counsel to try the case for Scott. An in forma pauperis appeal from this order would not be taken in good faith. Signed by Judge D. P. Marshall Jr. on 9/4/2014. (thd) (Docket text modified on 9/4/2014 to include the dismissal of ADC defendants.) (thd).

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
EASTERN DIVISION
DEVERICK SCOTT
ADC #131042
v.

PLAINTIFF
No. 2:12-cv-229-DPM-JTR

DANNY BURL, Warden, East Arkansas
Regional Unit, ADC; DEXTER PAYNE,
Assistant Warden, East Arkansas Regional
Unit, ADC; TODD BALL, Assistant
Warden, East Arkansas Regional Unit, ADC;
TYRONE WASHINGTON, Lieutenant, East
Arkansas Regional Unit, ADC; ROOSEVELT
BARDEN, Officer, East Arkansas Regional
Unit, ADC; JANICE BOGAN-HALL, Officer,
East Arkansas Regional Unit, ADC; TIFFANY
SPARKMAN, Officer, East Arkansas Regional
Unit, ADC; ZONNIE BURNELL, Nurse, East
Arkansas Regional Unit, ADC; STORMI
SHERMAN, Nurse; GERALDINE CAMPBELL,
Nurse, East Arkansas Regional Unit, ADC;
CORIZON INC.; WENDY KELLEY, Assistant
Director, ADC; and DEBRA HORTON,
Medical Grievance Officer, East Arkansas
Regional Unit, ADC

DEFENDANTS

ORDER
1. Objections, NQ 157, overruled and opposed recommendation, NQ 156,
adopted. FED. R. CIV. P. 72(b)(3).
2. The ADC Defendants' motion for summary judgment, NQ 131, is
granted in part and denied in part. Scott may proceed with his excessive-

force claim against Washington, in his individual capacity, and with his
failure-to-protect claim against Barden, Bogan-hall and Sparkman, in their
individual capacities. All claims against Defendants Burl, Ball, Payne and
Kelly are dismissed with prejudice. All claims against ADC Defendants in
their official capacities are dismissed with prejudice.
3. The Medical Defendants' motion for summary judgment, NQ 134, is
granted. All claims against Defendants Burnell, Sherman, Campbell, Horton,
and Corizon are dismissed with prejudice.
4. Scott's motion for summary judgment, NQ 119, is denied without
prejudice. There are issues of fact for trial.
5. A Final Scheduling Order with trial date will issue. The Court
requests that Magistrate Judge Ray appoint counsel to try the case for Scott.
Discovery and dispositive motion practice is concluded.

The Court

appreciates Judge Ray continuing to handle matters until about a month
before trial.

***
Motion, NQ 131, granted in part and denied in part. Motion, NQ 134,
granted. Motion, NQ 119, denied. An in forma pauperis appeal from this Order

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would not be taken in good faith.
So Ordered.

D.P. MarshallJf
United State District Judge

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