Briley v. Cole et al

Filing 86

ORDER adopting in part and rejecting in part the proposed findings and recommended disposition; granting 71 Defendants' second motion for summary judgment, as to plaintiff's free exercise of religion and failure to protect claims, and those claims are hereby dismissed with prejudice; and denying 71 Defendants' second motion for summary judgment as to plaintiff's excessive force claim. Signed by Judge Brian S. Miller on 8/4/11. (hph)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
EDDIE BRILEY, JR.,
ADC #116921
v.

PLAINTIFF
CASE NO. 5:09CV00220 BSM-JTR

RONNIE COLE, Chief Deputy,
W.C. Dub Brassell Detention Center et al.

DEFENDANTS

ORDER
The proposed findings and recommended disposition submitted by United States
Magistrate Judge J. Thomas Ray and the filed objections have been reviewed. After carefully
considering these documents and making a de novo review of the record, it is concluded that
the proposed findings and recommended disposition should be adopted in part and rejected
in part. The proposed findings and recommended disposition are approved and adopted as
to plaintiff’s free exercise of religion and failure to protect claims; however, there are issues
of material fact in dispute as to plaintiff’s excessive force claim and therefore the proposed
findings and recommended disposition are rejected as to that claim.
IT IS THEREFORE ORDERED that:
1.

Defendants’ second motion for summary judgment [Doc. No. 71] is granted

as to plaintiff’s free exercise of religion and failure to protect claims, and those claims are
hereby dismissed with prejudice; and
2.

Defendants’ second motion for summary judgment [Doc. No. 71] is denied as

to plaintiff’s excessive force claim.

Dated this 4th day of August 2011.

________________________________
UNITED STATES DISTRICT JUDGE

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