Owens v. Payne et al

Filing 31

ORDER adopting 27 recommended disposition; dismissing with prejudice Joseph Owen's claims for money damages against defendants in their official capacities; dismissing without prejudice his failure-to supervise claim against Dexter Payne; dism issing without prejudice his claims against Quintin Mixton; dismissing Payne and Mixton from this case; and allowing Owens to proceed on his claims that McJoy, Means, and Justin Whipps: (1) used excessive force against Owens on 1/3/2021; and (2) used excessive force to retaliate against Owens for his use of the grievance process. Signed by Judge Brian S. Miller on 10/7/2021. (kdr)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF ARKANSAS
CENTRAL DIVISION
JOSEPH W. OWENS,
ADC #158571
v.

PLAINTIFF
CASE NO. 4:21-CV-000220-BSM

DEXTER PAYNE, et al.

DEFENDANTS
ORDER

After de novo review of the record, United States Magistrate Edie R. Ervin’s partial
recommended disposition [Doc. No. 27] is adopted. Joseph Owen’s claims for money
damages against defendants in their official capacities are dismissed with prejudice; his
failure-to supervise claim against Dexter Payne is dismissed without prejudice; his claims
against Quintin Mixton are dismissed without prejudice; and his deliberate-indifference to
medical care claims are dismissed without prejudice. Accordingly, Payne and Mixton are
dismissed from this case. Owens may proceed on his claims that McJoy, Means, and Justin
Whipps: (1) used excessive force against Owens on January 3, 2021; and (2) used excessive
force to retaliate against Owens for his use of the grievance process.
IT IS SO ORDERED this 7th day of October, 2021.

________________________________
UNITED STATES DISTRICT JUDGE