Hampton v. Page et al

Filing 36

ORDER adopting 35 partial recommendation. Motion for partial summary judgment 25 granted. Hampton's excessive force claim against Cochran goes forward. All other claims and Defendants are dismissed without prejudice for failure to exhaust. Signed by Chief Judge D. P. Marshall Jr. on 11/17/2021. (jak)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
NORTHERN DIVISION
CHRISTIAN HAMPTON
ADC #162105
v.

PLAINTIFF

No. 3:21-cv-77-DPM

NATHAN WILLIAMS, Sergeant,
Grimes Unit; MICHAEL COCHRAN,
Sergeant, Grimes Unit; CLINTON
BAKER, Lieutenant, Grimes Unit;
and JOHN MOSS, Sergeant, Grimes Unit

DEFENDANTS

ORDER
The Court adopts the Magistrate Judge's unopposed partial
recommendation, Doc. 35.

FED.

R. CIV. P. 72(b) (1983 addition to

advisory committee notes). One clarification: the recommendation
states that Grievance GR-20-01098

11

does not contain mention of

retaliation." Doc. 35 at 8. The grievance does state, 1' m also asking to
11

be protected from further retaliation by the Grime[s] unit staff." Ibid.
But Hampton's complaint doesn't claim that the attack itself was
retaliatory. Instead, it alleges that the Defendants filed a retaliatory
false disciplinary against Hampton after the attack. Doc. 2 at 8. The
passing reference to

II

further retaliation" in the grievance did not

mention the disciplinary- likely because the hearing took place after
the grievance was filed. Doc. 2 at 9 & 14. The grievance was therefore

insufficient to exhaust a retaliatory discipline claim. Motion for partial
summary judgment, Doc. 25, granted. Hampton's excessive force claim
against Cochran goes forward. All other claims and Defendants are
dismissed without prejudice for failure to exhaust.
So Ordered.
D.P. Marshall Jr.
United States District Judge
17 }.f.nle M J..vi.

-2-

;2.0). c