Fudge v. Norris, et al

Filing 179

ORDER ADOPTING 170 Partial Report and Recommendations and granting in part 160 Motion for Partial Summary Judgment filed by J A Harris, E Hobbs, J T Banks, T Nelson-Courtney, R Evans, Ricky McCarrell. Plaintiff's due process claims against defts Evans and Harris are dismissed but he may proceed against defts Nelson-Courtney, McCarrell, Evans, E. Hobbs and Banks on his excessive force claims. Signed by Judge James M. Moody on 1/6/09. (bkp)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION JAMES CHARLES FUDGE, ADC #SK-950 VS. LARRY NORRIS, ET AL. ORDE R CASE NO. 5:03CV000461 JMM PLAINTIFF DEFENDANT The Court has reviewed the Proposed Findings and Recommended Disposition received from Magistrate Judge Henry L. Jones and the objections filed in response, and has further reviewed the relevant record de novo. The Findings and Recommendations are adopted in their entirety as this Court's findings. Accordingly, defendants' motion for partial summary judgment (DE #160) motion is hereby GRANTED in part and all of plaintiff's due process claims against Evans and Harris are dismissed. The (DE #160) motion is DENIED in part and plaintiff may proceed against defendants Nelson-Courtney, McCarrell, Evans, E. Hobbs, and Banks on plaintiff's excessive force claims allegedly occurring on January 8, April 19, and June 14 of 2002. IT IS SO ORDERED THIS 6 day of January, 2008. James M. Moody United States District Judge

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