Robinson v. Perkins et al

Filing 60

ORDER ADOPTING the uncontested parts of the PARTIAL REPORT AND RECOMMENDATION 58 ; granting in part and denying in part 33 First MOTION for Summary Judgment filed by Brian Perkins. The Court finds that a jury trial will be necessary in this case and recommends that the parties consent to a jury trial before Judge Ray, although this Court will preside, if either party prefers it. Any consent form must be filed by July 30, 2012. Signed by Judge D. P. Marshall Jr. on 7/6/12. (kpr)

IN THE UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF ARKANSAS

PINE BLUFF DIVISION

ANDREW DOMINIC ROBINSON
ADC # 652013

v.

PLAINTIFF

No. 5:10-cv-324-DPM-JTR

BRIAN PERKINS, Sgt., Varner
Super Max, ADC

DEFENDANT
ORDER

Perkins has timely objected, Document No. 59, to Magistrate Judge Ray's
proposed findings and recommended partial disposition, Document No. 58.
Perkins disputes several portions of Judge Ray's summary of the relevant
facts. The Court has reviewed de novo.

FED.

R. ClV. P. 72(b)(3).

Perkins's objections underscore the need for a trial. In the end, it will
be the jury-not the Court-who resolves the many factual disputes. The
Court therefore adopts Judge Ray's uncontested legal conclusions: Robinson's
request for prospective injunctive relief against Perkins is denied as moot; and
a jury trial is necessary to resolve Robinson's excessive-force claim against
Perkins in his individual capacity only. Perkins's motion for summary
judgment, Document No. 33, is granted in part and denied in part.

The Court requests that the parties consider consenting to a jury trial
before Judge Ray. He is very familiar with the case; so a trial before him
would promote judicial economy. And Judge Ray would be able to hold the
jury trial long before I will be able to do so. Notwithstanding those factors,
if either party prefers that I preside, of course I will. Any consent form must

be filed by 30 July 2012. A final scheduling order setting this case for trial will
issue from me or Judge Ray thereafter.
So Ordered.

D.P. Marshall Jr. {/
United States District Judge

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