Gardner v. Outlaw et al

Filing 30

ORDER ADOPTING 12 Partial Report and Recommendations. The Court overrules Gardner's objection (doc. no. 15 at 3-12). The additional facts in the objection will be considered by Judge Volpe as the case proceeds against the defts in their individual capacities. Signed by Judge D. P. Marshall Jr. on 1/4/12. (kpr)

IN THE UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF ARKANSAS

PINE BLUFF DIVISION

WALLACE A. GARDNER

ADC # 110784

v.

PLAINTIFF

No.5:11-cv-96-DPM-JJV

OUTLAW; STRAUGHN;
PAMELA C. CONNER; and
MARVIN EV ANS, JR.

DEFENDANTS

ORDER
On de novo review, the Court overrules Gardner's objection, Document
No. 15 at 3-12, and adopts Magistrate Judge Volpe's recommended partial

disposition, Document No. 12, as the Court's decision.

The Eleventh

Amendment bars all damages against the State, including what Gardner
describes as "compensatory" damages. The additional facts in the objection
will be considered by Judge Volpe as the case proceeds against the
Defendants in their individual capacities.
So Ordered.

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D.P. Marshall Jr.

United States District Judge

4 January 2012