Woods v. Rivera et al

Filing 40

ORDER partly adopting and partly denying 38 Recommendation. 28 Motion for summary judgment partly granted and partly denied without prejudice. Wood's individual-capacity claims against Beasley will be dismissed without prejudice; and his dam ages claims against Beasley in his official capacity will be dismissed with prejudice. The Court returns the declaratory and injunctive relief claims against Beasley in his official capacity to the Magistrate Judge for further proceedings and a supplemental recommendation, if appropriate. Signed by Judge D. P. Marshall Jr. on 11/16/2017. (jak)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
EASTERN DIVISION
ROBERT WOODS
Reg. #25154-076

v.

PLAINTIFF
No. 2:17-cv-98-DPM-JJV

CARLOS RIVERA, Former Warden,
Forrest City Correctional Complex;
GENE BEASLEY, Warden, FCCC;
WILLIAMS, Nurse, FCCC; CAPPS,
Doctor, FCCC; TINDALE, Doctor, FCCC;
and BRADSHAW, C-2 Unit Counselor, FCCC

DEFENDANTS

ORDER
Unopposed recommendation, NQ 38, partly adopted and partly
declined. FED. R. CIV. P. 72(b) (1983 addition to advisory committee
notes). Motion for summary judgment, NQ 28, partly granted and partly
denied without prejudice. Wood's individual-capacity claims against
Beasley will be dismissed without prejudice; and his damages claims
against Beasley in his official capacity will be dismissed with prejudice.
But Woods also requests declaratory and injunctive relief against
Beasley in his official capacity. These claims present a more nuanced
sovereign-immunity question. E.g., 5 U.S.C. § 702; Raz v. Lee, 343 F.3d
936, 938 (8th Cir. 2003); see also Simmat v. United States Bureau of Prisons,
413 F.3d 1225, 1230-33 (10th Cir. 2005). The Court therefore returns

these claims to the Magistrate Judge for further proceedings and a
supplemental recommendation, if appropriate.
So Ordered.

D.P. Marshall Jr.
United States District Judge

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