Bailey v. Craighead County Detention Center et al

Filing 43

ORDER granting in part and denying in part 41 Recommendation. The Court adopts the recommendation as to exhaustion and sovereign immunity. Bailey's claims about conditions of confinement and the blessing of food are dismissed without prejudi ce for failure to exhaust. And Bailey's monetary claims against Hall in his official capacity are dismissed with prejudice based on sovereign immunity. The Court declines the recommendation on qualified immunity without prejudice and refers that piece of the summary-judgment motion back to Magistrate Judge Kearney for further consideration and a new recommendation. Signed by Judge D. P. Marshall Jr. on 8/10/2015. (jak)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
JONESBORO DIVISION

PLAINTIFF

JOHNNY BAILEY
#01960468

v.

No. 3:14-cv-144-DPM-JTK
DEFENDANT

MATT HALL

ORDER
On de novo review, the Court adopts in part and declines in part the
recommendation, NQ 41, and overrules Bailey's objections, NQ 42.

FED. R. Crv.

P. 72(b)(3). The Court adopts the recommendation as to exhaustion and
sovereign immunity. Bailey's claims about conditions of confinement and the
blessing of food are dismissed without prejudice for failure to exhaust. And
Bailey's monetary claims against Hall in his official capacity are dismissed
with prejudice based on sovereign immunity.

The Court declines the

recommendation on qualified immunity without prejudice and refers that
piece of the summary-judgment motion back to Magistrate Judge Kearney for
further consideration and a new recommendation.

So Ordered.

D.P. Marshall Jr.
II
United States District Judge

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