London v. Brush-Strode et al

Filing 178

ORDER adopting 130 Magistrate Judge Kearney's unopposed partial recommendation; denying as moot 129 ADC defendants' (Sights, Schubert, Glenn, Johnson, and Mendez) motion for their statement of undisputed facts to be deemed admitted; gra nting in part and denying in part 110 ADC defendants' motion for summary judgment; dismissing, without prejudice, London's claims against Sights, Schubert, and Mendez and dismissing them as defendants in this case; and allowing London 9;s deliberate indifference claims against Glenn and Johnson that are related to Grievance NC-21-00690 and Grievance NC-21-00731, Doc. [110-6] & Doc. [110-8] to move forward. Signed by Chief Judge D. P. Marshall Jr. on 1/17/2023. (llg)Notice: The terminated party will no longer receive filing notifications through CM/ECF. To continue receiving filing notifications, email the Clerk of Court and request reinstatement. Please refer to the CM/ECF Administrative Policies and Procedures for Civil Filings for information about when a terminated party must be served.

Download PDF
IN THE UNITED ST ATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS NORTHERN DIVISION BARRY D. LONDON ADC #088701 v. PLAINTIFF No. 3:21-cv-197-DPM-JTK ESTHER MENDEZ, CO-II, North Central Unit, ADC; SHAWN RICHARD, Psychologist, North Central Unit, ADC; JEREMY GLENN, Field Sgt., North Central Unit, ADC; NATHAN WEST, Nurse, North Central Unit, ADC; MARJORIE HALL; SANDRA LAKE; MARTY HEARYMAN, Doctor; LISA MURRAY, Sick Call Nurse; JACQUELYN PETERMAN, Sick-call Nurse; ANDREW SCHUBERT, Mental Health, North Central Unit, ADC; BRIAN SIGHTS, Mental Health, North Central Unit, ADC; and ERNEST JOHNSON, Field Lt., North Central Unit, ADC ORDER DEFENDANTS The Court adopts Magistrate Judge Kearney's unopposed partial recommendation, Doc. 130. FED. R. CIV. P. 72(b) (1983 addition to the advisory committee notes). The Court rules as follows. • The ADC defendants' (Sights, Schubert, Glenn, Johnson, and Mendez) motion for their statement of undisputed facts to be deemed admitted, Doc. 129, is denied as moot. • The ADC defendants' motion for summary judgment, Doc. 110, is granted in part and denied in part. • London failed to exhaust his claims against Sights, Schubert, and Mendez. Those claims are dismissed without prejudice. Sights, Schubert, and Mendez are dismissed as defendants in this case. • There is no genuine dispute that London failed to fully exhaust Grievance NC-21-00104. Doc. 110-4. Any claim against Glenn related to that grievance is dismissed without prejudice. The ADC defendants have not, however, shown that there is no genuine dispute that London failed to fully exhaust Grievance NC-21-00690 and Grievance NC-21-00731. Doc. 110-6 & Doc. 110-8. London's deliberate indifference claims against Glenn and Johnson that are related to those grievances will move forward. So Ordered. fl D .P. Marshall Jr. United States District Judge -2-

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?