Bryant v. Griffin et al

Filing 72

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)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS EASTERN DIVISION PLAINTIFF JEREMIE DALE BRYANT ADC#127178 v. No. 2:16-cv-12-DPM-PSH 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 DEFENDANTS ORDER On de nova review, the Court adopts the recommendation with one addition, Ng 67, and overrules Griffin's objections with one exception, Ng 68. FED. 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). So Ordered. D.P. Marshall Jr. United States District Judge -2-

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