Spears v. Brown et al

Filing 59

ORDER ADOPTING in part and rejecting in part 57 the proposed findings and partial recommended disposition; granting in part and denying in part 46 Defendants' Motion for Summary Judgment; and granting 55 Defendants' Motion to Strike. It is certified, pursuant to 28 U.S.C. § 1915(a)(3), that an in forma pauperis appeal from this order would not be taken in good faith. Signed by Chief Judge Brian S. Miller on 10/1/2012. (kdr)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION
EUGENE SPEARS
v.

PLAINTIFF
CASE NO. 4:11CV00299 BSM/JTK

ANGELA BROWN, et al.

DEFENDANTS
ORDER

The proposed findings and partial recommended disposition submitted by United
States Magistrate Judge Jerome T. Kearney and the objections have been reviewed. After
careful consideration and a de novo review of the record, it is concluded that the proposed
findings and partial recommended disposition should be, and hereby are, adopted in part and
rejected in part. The recommended disposition is adopted in all respects except that plaintiff
Eugene Spears’s non-monetary claims against defendants in their official capacities are
rejected and summary judgment is granted because Spears is no longer incarcerated and those
claims are therefore moot. See Martin v. Sargent, 780 F.2d 1334, 1337 (8th Cir. 1985) ("[A]
prisoner's claim for injunctive relief to improve prison conditions is moot if he or she is no
longer subject to those conditions.").
IT IS THEREFORE ORDERED that:
1.

Defendants’ motion to strike plaintiff’s motion for summary judgment [Doc.

No. 55] is granted.
2.

Defendants’ motion for summary judgment [Doc. No. 46] is granted in part,

with respect to Spears’s monetary and non-monetary claims against them in their official

capacities, and denied in all other respects.
3.

It is certified, pursuant to 28 U.S.C. § 1915(a)(3), that an in forma pauperis

appeal from this order would not be taken in good faith.
Dated this 1st day of October 2012.

________________________________
UNITED STATES DISTRICT JUDGE