Ray v. Norris et al

Filing 28

ORDER granting in part and denying in part 13 Defendants' Motion for Judgment on the Pleadings. The Court dismisses Ray's official-capacity claims for money damages against all State Defendants with prejudice. The Section 1983 official -capacity claim against Norris seeking injunctive relief is moot given Norris' recent retirement, but that claim may proceed against Norris' successor upon a proper substitution. The Section 1983 individual-capacity claim for injunctive re lief against Norris is dismissed as moot. The Section 1983 official-capacity claim against Eberhard seeing injunctive relief may go forward. The Section 1983 individual-capacity claims seeking money damages against Norris & Eberhard may go forward. The Section 1983 claims against the AR Department of Correction & the AR Department of Community Corrections are dismissed with prejudice. The Court retains jurisdiction over the state-law claims Ray filed under the AR Civil Rights Act, the AR Constitution & the AR Medical Malpractice Act against the State Defendants. Signed by Judge D. P. Marshall Jr. on 9/27/2010. (jct)

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