Imbeau v. Smith et al

Filing 30

ORDER ADOPTING REPORT AND RECOMMENDATIONS 25 and granting defts' 13 Motion for Summary Judgment. Plaintiff's claims are dismissed without prejudice and all other pending motions are denied as moot. Signed by Judge D. P. Marshall Jr. on 7/14/11. (kpr)

IN THE UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF ARKANSAS

WESTERN DIVISION

TERRY WAYNE IMBEAU

v.

PLAINTIFF

Case No. 4:09-cv-686-DPM

MIKE SMITH, JIMMY HART,

PHIL BLAYLOCK, TERRY ALVEY,

LOUIS GOTTSPONER, CODY HILL,

BILLY F. DEAVER, MICHAEL

HAMMONS, PHILIP HOYT, GARY

SAMS, JOHN TRAFFORD, THOMAS

FLOWERS, LAWRENCE WILLIAMS,

and LYLE WILSON

DEFENDANTS

ORDER
The Court has considered Magistrate Judge H. David Young's Proposed
Findings and Recommendations, Document No. 25, and Terry's Imbeau's
objection, Document No. 29. After de novo review, the Court adopts Judge
Young's recommended disposition as its own with an added word. FED. R.
CIV. P. 72(b)(3).

The Defendants' motion for summary judgment, Document No. 13, is
granted. Imbeau's federal claims are dismissed with prejudice because there
is no genuine dispute for trial. Imbeau's main claim has a fatal evidentiary

gap: he cannot identify either the inmate who told him a jailer had revealed
his sexual-assault charge or the jailer. Imbeau's testimony about what
prompted the fight, and what creates the claim, is inadmissible hearsay. It
might come in as the basis for the inmates' actions; but there simply is no
evidence of the allegation's truth.

Imbeau's state claims are dismissed

without prejudice. All other pending motions are denied as moot.
So Ordered.

D.P. Marshall Jr.

United States District Judge

Wuly 2011

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