Lewis v. Holladay et al

Filing 128

ORDER ADOPTING REPORT AND RECOMMENDATIONS 125 pltf's motion for summary judgment is denied 73 ; defts' motion for summary judgment 102 is granted in part and denied in part; pltf's official-capacity claims against defts are dism issed with prejudice; and pltf's individual-capacity claims against defts Holladay, Speer, Hazel, Lowe, Allison, Evans, Mitchell and Stowe are dismissed with prejudice; pltf may proceed with his excessive-force claims against only defts Bennett and Seibel in their individual capacities. Signed by Judge Billy Roy Wilson on 9/17/15. (tjb)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION
ARRON MICHAEL LEWIS
ADC #151373
VS.

PLAINTIFF

4:14-CV-00673-BRW-JWC

CHARLES HOLLADAY, et al.

DEFENDANTS
ORDER

I have reviewed the Proposed Findings and Partial Recommended Disposition submitted
by United States Magistrate Judge Jerry W. Cavaneau, and the objections filed. After carefully
considering the objections and making a de novo review of the record in this case, I adopt as my
findings in all respects the Proposed Findings and Partial Recommended Disposition in their
entirety.
Accordingly, Plaintiff’s motion for summary judgment (Doc. No. 73) is DENIED; the
motion for summary judgment filed by Defendants (Doc. No. 102) is GRANTED in part and
DENIED in part; Plaintiff’s official-capacity claims against are DISMISSED WITH
PREJUDICE, and Plaintiff’s individual-capacity claims against Defendants Holladay, Speer,
Hazel, Lowe, Allison, Evans, Mitchell, and Stowe are DISMISSED WITH PREJUDICE.
Plaintiff may proceed with his excessive-force claims against only Defendants Bennett
and Seibel in their individual capacities.
IT IS SO ORDERED this 17th day of September, 2015.

/s/Billy Roy Wilson
UNITED STATES DISTRICT JUDGE

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