Stebbins v. Arkansas, State of et al

Filing 55

ORDER Adopting 51 Recommended Partial Disposition. Defendants' 15 Motion to Dismiss is Granted in part and Denied in part. Stebbins's 25 Motion for Partial Summary Judgment is denied, without prejudice. Signed by Judge James M. Moody Jr. on 7/27/2017. (mcz)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION
DAVID A. STEBBINS
V.

PLAINTIFF
No. 4:16CV00545-JM-JTR

STATE OF ARKANSAS,
ARKANSAS REHABILITATION SERVICES,
and AMY JONES

DEFENDANTS

ORDER
The Court has reviewed the Recommended Partial Disposition submitted by
United States Magistrate Judge J. Thomas Ray (Docket No. 51) and the filed
objections (Docket No. 54). After carefully considering these documents and
making a de novo review of the record in this case, the Court concludes that the
Recommended Partial Disposition should be, and hereby is, approved and adopted
in its entirety as this Court’s findings in all respects.
IT IS THEREFORE ORDERED THAT:
1.

Defendants’ Motion to Dismiss (Docket No. 15) is GRANTED in part

and DENIED in part as follows:
(a)

Stebbins’s disability-discrimination and retaliation claims under

Title II and Title V of the Americans with Disabilities Act are allowed to
PROCEED;
(b)

Stebbins’s § 1983 retaliation claim against Defendant Amy

Jones for prospective injunctive relief is allowed to PROCEED;
(c)

Stebbins’s § 1983 claim for damages against Defendant Amy

Jones is DISMISSED; and
2.

Stebbins’s Motion for Partial Summary Judgment (Docket No. 25) is

DENIED, WITHOUT PREJUDICE.
DATED this 27th day of July, 2017.

___________________________________
UNITED STATES DISTRICT JUDGE