Hart v. Beasley et al

Filing 62

ORDER finding that Jerry Hart is entitled to summary judgment on his claim that Sharon Beasley violated his procedural due process rights by failing to provide him any type of hearing before he was placed in punitive segregation for seventy-two hours. Mr. Hart is awarded three dollars in nominal damages for each day he was housed in punitive isolation. Signed by Magistrate Judge Beth Deere on 4/21/2011. (jct)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
JONESBORO DIVISION
JERRY HART
V.

PLAINTIFF
CASE NO. 3:10CV00015-BD

SHARON BEASLEY

DEFENDANT

ORDER
On January 6, 2011, the Court granted Sharon Beasley’s motion for partial
summary judgment. (Docket entry #56) Mr. Hart’s claims for compensatory damages
against Ms. Beasley for violation of his constitutional rights were dismissed with
prejudice. In the January 6th order, however, the Court notified the parties that it had
determined that Mr. Hart was entitled to summary judgment on his claim that Ms. Beasley
had violated his procedural due process rights. The parties were given fourteen days to
respond to the order and state whether they had any objections to the Court’s findings.
Neither of the parties has responded to the order, and the time to do so has expired.
Accordingly, Mr. Hart is entitled to summary judgment on his claim that Ms.
Beasley violated his procedural due process rights by failing to provide him any type of
hearing before he was placed in punitive segregation for seventy-two hours. Mr. Hart is
awarded three dollars in nominal damages for each day he was housed in punitive
isolation.

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IT IS SO ORDERED this 21st day of April, 2011.

___________________________________
UNITED STATES MAGISTRATE JUDGE

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