Wyrick v. Holladay et al

Filing 42

ORDER adopting 39 Proposed Findings and Recommended Disposition in their entirety as this Court's findings in all respects; granting in part and denying in part 34 Motion for Summary Judgment. Dr. Johnson is denied the protections afforded by qualified immunity. Plaintiff's individual capacity claims against Dr. Johnson are DISMISSED with prejudice because the record establishes that Dr. Johnson was not deliberately indifferent to his medical needs or conditions of confinement. Plaintiff's official capacity claims against Dr. Johnson are DISMISSED with prejudice because he has failed to establish that any policy or practice of Pulaski County caused his alleged injuries. Signed by Judge Susan Webber Wright on 10/8/2015. (ks)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION
MARK A. WYRICK, ADC # 085456

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Plaintiff,
v.
JOHNSON, Doctor,
Pulaski County Detention Center
Defendant

No. 4:14CV00526-SWW-JJV

ORDER
The Court has reviewed the Proposed Findings and Recommended Disposition submitted
by United States Magistrate Judge Joe J. Volpe, the Plaintiff’s Objections, and the Defendant’s
Response to the Objections. After carefully considering the objections and response, and making
a de novo review of the record, the Court concludes that the Proposed Findings and 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 Defendant Johnson’s Motion for Summary Judgment
(Doc. No. 34) is GRANTED in part and DENIED in part:
A.

Dr. Johnson is denied the protections afforded by qualified immunity.

B.

Plaintiff’s individual capacity claims against Dr. Johnson are DISMISSED with

prejudice because the record establishes that Dr. Johnson was not deliberately indifferent to his
medical needs or conditions of confinement.
C.

Plaintiff’s official capacity claims against Dr. Johnson are DISMISSED with

prejudice because he has failed to establish that any policy or practice of Pulaski County caused his
alleged injuries.
IT IS SO ORDERED this 8th day of October, 2015.
/s/Susan Webber Wright
UNITED STATES DISTRICT JUDGE