Barton v. Hill et al

Filing 65

ORDER adopting 59 recommendation; granting 50 motion to amend; granting 45 motion for summary judgment; dismissing with prejudice Barton's excessive force and First Amendment retaliation claims; dismissing without prejudice his inadequate medical care claim; denying as moot 61 motion to compel; and denying 62 motion to amend. Signed by Judge D. P. Marshall Jr. on 9/3/2024. (jak)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
CENTRAL DIVISION

FREDERICK J. BARTON
ADC #142505

PLAINTIFF

No. 4:23 -cv-447-DPM

V.

JAMES HILL, Sergeant, P.C.R.D.F.;
VIRMESA JACKSON, Deputy,
P.R.C.D.F.; MATTHEW COBB,
Sergeant, P.C.R.D.F.; CHARLES
ALLEN, Lieutenant, P.C.R.D.F.; and
NIKKHOL HARRIS, Deputy, P.C.R.D.F.

DEFENDANTS

ORDER

On de novo review, the Court adopts Magistrate Judge

i.

Moore's recommendation, Doc. 59, and overrules Barton's objections,
Doc. 60. Fed. R. Civ. P. 72(b)(3). Although Barton says Sergeant Cobb

ignored his request to see the nurse, he doesn't say when he put in the
request. Medical personnel evaluated Barton immediately after the

incident and noted that Barton was "already on a lot of pain

medication," which had previously been prescribed for his ankle.
Doc. 47

at

9-10;

Doc. 47-4.

And it's undisputed that Barton was

prescribed more naproxen and acetaminophen about six weeks after
the incident. Doc. 47-4 at 11 & 21-24. Motion to amend, Doc. 50, granted.
Motion for summary judgment, Doc. 45, granted. Barton's excessive

force and First Amendment retaliation claims will be dismissed with

prejudice. His inadequate medical care claim will be dismissed without
prejudice.
2.

Barton's motion to compel, Doc. 61, is denied as moot.

3.

Barton's post-recommendation motion to amend, Doc. 62, is

denied. Fed. R. Civ. P. 15(a)(2). Barton mentioned Officer Devore in
his original complaint. Doc. 2 at 4. But he didn't name Officer Devore

as a defendant in his original complaint or in later motions to amend.
Barton filed this most recent motion to amend more than a year after

this case started and after summary judgment had been fully briefed.
He hasn't given a sufficient reason for the delay in adding Officer
Devore as a party.
So Ordered.
D.P. Marshall Jr.
United States District Judge