Hannahs v. Johnson et al

Filing 120

ORDER approving and adopting in their entirety as this Court's findings in all respects 117 Partial Report and Recommendations; denying 88 Plaintiff's Motion for Summary Judgment; and granting in part and denying in part 93 Defendants' Motion for Summary Judgment. Signed by Judge James M. Moody on 1/30/2013. (dmn)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION
GABE HANNAHS,
ADC # 117222

PLAINTIFF

v.

4:11-cv-00278-JMM-JJV

CARL LYNN JOHNSON, Dr.,
Pulaski County Detention Facility; et al.

DEFENDANTS
ORDER

The Court has reviewed the Proposed Findings and Recommended Partial Disposition
submitted by United States Magistrate Judge Joe J. Volpe and Plaintiff’s objections. After carefully
considering the objections and making a de novo review of the record, the Court concludes that the
Proposed Findings and Recommended Partial Disposition should be, and hereby are, approved and
adopted in their entirety as this Court’s findings in all respects.
IT IS, THEREFORE, ORDERED that:
1.

Plaintiff’s Motion for Summary Judgment (Doc. No. 88) is DENIED.

2.

Defendants’ Motion for Summary Judgment (Doc. No. 93) is GRANTED IN

PART AND DENIED IN PART:
A.

Regarding Plaintiff’s followup care with an orthopedic specialist, GRANTED.

B.

Regarding vicarious liability, GRANTED; and

C.

Regarding Plaintiff’s delay in treatment claim, DENIED.

SO ORDERED this 30th day of January, 2013.

JAMES M. MOODY
UNITED STATES DISTRICT JUDGE