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)

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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

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