Briley v. Tyler et al

Filing 43

ORDER adopting 39 Partial Report and Recommendations; granting in part and denying in part 26 Motion for Summary Judgment; denying 29 Motion to Amend/Correct. Signed by Judge James M. Moody on 9/29/11. (kpr)

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

PLAINTIFF
5:10-cv-00182-JMM-JTK

MAJOR TYLER, et al.

DEFENDANTS
ORDER

The Court has received proposed findings and recommendations from United States
Magistrate Judge Jerome T. Kearney.

After a review of those proposed findings and

recommendations, and the timely objections received thereto, as well as a de novo review of the
record, the Court adopts them in their entirety. Accordingly,
IT IS, THEREFORE, ORDERED that:
1.

Plaintiff’s Motion to Amend (Doc. No. 29) is DENIED.

2.

Defendants’ Motion for Summary Judgment (Doc. No 26) is GRANTED in part,

with respect to Plaintiff’s damages claims against Defendants in their official capacities.
3.

Defendants’ Motion for Summary Judgment is GRANTED in part, with respect

to Plaintiff’s failure to protect allegations against Defendants Tyler and Adams.
4.

Defendants’ Motion for Summary Judgment is GRANTED in part, with respect

to Plaintiff’s claim for denial of access to the courts.
5.

Defendants’ Motion for Summary Judgment is DENIED in part, with respect to

Plaintiff’s excessive force allegations against Defendants Bunting and Johnson.
IT IS SO ORDERED this 29 day of September , 2011.

______________________________________
JAMES M. MOODY
UNITED STATES DISTRICT JUDGE