Bryant v. Griffin et al
ORDER adopting the 67 Recommendation with one addition, and overruling Griffin's 68 Objections with one exception. Any claim for damages against Griffin in his official capacity is dismissed with prejudice. Signed by Judge D. P. Marshall Jr. on 9/29/2016. (jak)
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
JEREMIE DALE BRYANT
RORY L. GRIFFIN, Chief Deputy Director for
Medical Services, ADC; AMY ROWLAND, Health
Services Administrator, EARU; BRETT BUTLER,
Provider, EARU; ARIC SIMMONS, Provider, EARU;
PATRICK DRUMMONDS, APN, EARU; TAMMY
LYNN KIMBLE, RN, EARU; YAVONDA KEY,
Director of Nursing, EARU; and DATRICE SLEDGE,
Director of Nursing, EAR U
On de nova review, the Court adopts the recommendation with one
addition, Ng 67, and overrules Griffin's objections with one exception, Ng 68.
R. Crv. P. 72(b)(3). Griffin is right: merely participating in the grievance
process is insufficient to hook a defendant; but, as Magistrate Judge Harris
concluded, Bryant alleges more involvement and responsibility by Griffin
than mere participation. We'll see what the facts show. Qualified immunity
needs to hang fire until Magistrate Judge Harris expresses a view. Griffin is
clearly right, though, on sovereign immunity: any claim for damages against
Griffin in his official capacity is dismissed with prejudice. Will v. Michigan
Department of State Police, 491U.S.58, 71 (1989).
D.P. Marshall Jr.
United States District Judge
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