Aikens et al v. Hennigan et al

Filing 34

ORDER adopting 32 Proposed Findings and Partial Recommended Disposition in their entirety as this Court's findings in all respects; granting in part and denying in part 26 Motion for Summary Judgment. Plaintiff's claims against all def endants in their official capacity are dismissed without prejudice. All of plaintiff's claims against Holladay and Briggs are dismissed with prejudice, and Holladay and Briggs are removed as party defendants. Plaintiff's inadequate medica l care claims are dismissed with prejudice. The motion is denied to the extent that plaintiff is allowed to proceed with his excessive force claims against defendants Hennigan and Murphy in their individual capacity only. Signed by Judge J. Leon Holmes on 12/2/2014. (ks)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION
ALVIN AIKENS
v.

PLAINTIFF
NO. 4:13CV00664 JLH/HDY

JAMES HENNIGAN, et al.

DEFENDANTS
ORDER

The Court has reviewed the Proposed Findings and Partial Recommended Disposition
submitted by United States Magistrate Judge H. David Young. No objections have been filed. After
careful consideration, the Court concludes that the Proposed Findings and Partial Recommended
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.

The motion for summary judgment filed by defendants Matthew Briggs, Charles

Holladay, and Richard Murphy is granted in part and denied in part. Document #26.
2.

Plaintiff’s claims against all defendants in their official capacity are dismissed

without prejudice.
3.

All of plaintiff’s claims against Holladay and Briggs are dismissed with prejudice,

and Holladay and Briggs are removed as party defendants.
4.

Plaintiff’s inadequate medical care claims are dismissed with prejudice.

5.

The motion is denied to the extent that plaintiff is allowed to proceed with his

excessive force claims against defendants Hennigan and Murphy in their individual capacity only.
DATED this 2nd day of December, 2014.

UNITED STATES DISTRICT JUDGE