Langley v. Hobbs et al

Filing 62

ORDER adopting in their entirety as this Court's findings in all respects 57 the Findings and Recommendation; granting 53 the separate defendants Mr. Elmore and Mr. King's motion for summary judgment; and granting 59 defendants' motion to substitute counsel. Assistant Attorney General Bourgon Reynolds is no longer counsel of record for defendants. Assistant Attorney General Delena C. Hurst is now representing defendants and should be substituted as counsel of record. This case is dismissed. Signed by Judge Kristine G. Baker on 9/19/2017. (kdr)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
WILLIAM EUGENE LANGLEY
v.

PLAINTIFF

Case No. 5:15-cv-00097-KGB/PSH

MICHAEL ELMORE, and
JACOB KING

DEFENDANTS
ORDER

The Court has reviewed the Findings and Recommendation submitted by United States
Magistrate Judge Patricia S. Harris (Dkt. No. 57). Plaintiff William Eugene Langley filed untimely
his response to motion for summary judgment, which this Court construes as an untimely objection
to the Findings and Recommendation (Dkt. No. 61). Also pending before the Court is defendants’
motion to substitute counsel (Dkt. No. 59). After careful consideration of the Findings and
Recommendation, the Court concludes that the Findings and Recommendation should be, and
hereby are, approved and adopted in their entirety as this Court’s findings in all respects (Dkt. No.
57). Defendants’ motion to substitute counsel is granted (Dkt. No. 59).
Even if this Court considers Mr. Langley’s untimely objection, Mr. Langley presents no
new record evidence in his objection. Moreover, even when that record evidence is considered, it
does not alter the Court’s finding. Defendants Michael Elmore and Jacob King were not present
when Mr. Langley was attacked. There is no evidence in the record that establishes that Mr.
Elmore and Mr. King should have been present in the dining hall during the incident or that they
were responsible for staffing levels in the dining hall during the incident. Further, all evidence in
this case indicates that the attack upon Mr. Langley was a complete surprise to all involved, despite
best efforts to investigate and address the threat about which Mr. Elmore and Mr. King were made
aware of weeks before the incident.

It is therefore ordered that the motion for summary judgment filed by separate defendants
Mr. Elmore and Mr. King is granted (Dkt. No. 53). Mr. Langley’s claims against Mr. Elmore and
Mr. King are dismissed with prejudice based on Mr. Langley’s failure to substantiate his claim.
Defendants’ motion to substitute counsel is granted (Dkt. No. 59). Assistant Attorney General
Bourgon Reynolds is no longer counsel of record for defendants. Assistant Attorney General
Delena C. Hurst is now representing defendants and should be substituted as counsel of record.
This case is dismissed.
Dated this 19th day of September 2017.

_______________________________
Kristine G. Baker
United States District Judge

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