Hawkins v. Byrd et al

Filing 99

ORDER ADOPTING 90 Partial Report and Recommendations and granting in part and denying in part 61 Motion for Summary Judgment filed by Kevin Neal, Glen Wilcox, Brianne Pickard, Joseph Granthom, Michelle Piechuski. Signed by Judge William R. Wilson, Jr on 5/12/09. (bkp)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION CARTUS HAWKINS V. KARL BYRD, et al. ORDER The Court has received the Partial Recommended Disposition from Magistrate Judge Beth Deere. The parties have not filed objections. After careful review of the Partial Recommended Disposition, as well as a de novo review of the record, the Court concludes that the Partial Recommended Disposition should be, and hereby is, approved and adopted as this Court's findings in all respects in its entirety. Defendants' Motion for Summary Judgment (docket entry #61) is GRANTED IN PART and DENIED IN PART. Plaintiff's claims regarding the sleeping conditions or uncleanliness at the Faulkner County Detention Facility are DISMISSED WITH PREJUDICE. Plaintiff may proceed on his claim regarding the use of seventy-two hour restraints against Defendants Neal, Granthom, and Wilcox. Plaintiff may proceed on his due process claim against Defendants Granthom and Piechuski. Plaintiff may proceed on his First Amendment claim against Defendants Pickard and Granthom. IT IS SO ORDERED, this 12th day of May, 2009. /s/ Wm. R. Wilson, Jr._________ UNITED STATES DISTRICT JUDGE No. 4:08CV01791 WRW-BD DEFENDANTS PLAINTIFF

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