Pollard v. Buckman et al

Filing 149

ORDER ADOPTING 146 Report and Recommendations in their entirety; therefore, defts' motions for summary judgment 122 131 are GRANTED and Pollard's complaint is dismissed with prejudice. Signed by Judge D. P. Marshall Jr. on 10/12/11. (vjt)

Download PDF
IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION NAPOLEON POLLARD v. PLAINTIFF No.5:08-cv-289-DPM JOSEPH K. BUCHMAN and ROLAND ANDERSON DEFENDANTS ORDER The Court has considered Magistrate Judge Jerome T. Kearney's Proposed Findings and Recommendations, Document No. 146, and Napoleon Pollard's objections, Document No. 148. Having conducted a de novo review, the Court adopts Judge Kearney's proposal as its own. Pollard's lack of expert testimony dooms the malpractice claim; Pollard's medical records show lots of physical therapy rather than deliberate indifference; and there simply is no evidence that Anderson personally denied needed therapy. Buchman's and Anderson's motions for summary judgment, Document Nos. 122 & 131, are granted. Pollard's complaint and supplemental complaint, Document Nos. 2 & 20-2, are dismissed with prejudice. So Ordered. D.P. Marshall Jr. United States District Judge 12 October 2011 -2­

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?