Chapman v. Norris et al
Filing
60
ORDER partly granting and partly denying without prejudice 42 Motion for Summary Judgment. Chapman's official capacity claims for money damages are dismissed with prejudice. His claims against Gibson and McPhadden are dismissed without prejudice for failure to exhaust. His claims against Perry and Baker remain for now. This case is returned to Magistrate Judge Kearney for further proceedings. Signed by Judge D. P. Marshall Jr. on 8/24/2016. (jak)
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
RONNIE L. CHAPMAN
ADC #100054
v.
PLAINTIFF
No. 5:15-cv-103-DPM-JTK
JAMES GIBSON, Warden, Delta Regional
Unit, ADC; SHAMONE McPHADDEN,
Classification Officer, Delta Regional Unit,
ADC; SHAY BAKER, Training Officer, Delta
Regional Unit, ADC; and TONI PERRY,
Sergeant, Delta Regional Unit, ADC
DEFENDANTS
ORDER
1. On de nova review, the Court partly adopts and partly declines the
recommendation, NQ 54.
FED.
R. Crv. P. 72(b)(3). The motion for summary
judgment, NQ 42, is granted in part, denied in part, and denied without
prejudice in part.
2. Chapman's official capacity claims for money damages are dismissed
with prejudice.
3. Chapman's claims against Gibson and McPhadden are dismissed
without prejudice for failure to exhaust. But as to Perry and Baker, the Court
agrees with Magistrate Judge Kearney's careful recommendation. The ADC
waived the exhaustion defense as to Perry and Baker when it decided
Chapman's procedurally flawed grievance on the merits. NQ 42-2 & 42-1 at
5-6.
4. The remainder of the recommendation, NQ 54 at 9-13, is declined
without prejudice. Both Chapman and the Court would substantially benefit
from counsel presenting Chapman's side of the qualified immunity issue.
Chapman is in jail in Bowie County, Texas. He's not in a position to
meaningfully investigate the facts or present the merits of his case. Plummer
v. Grimes, 87 F.3d 1032, 1033 (8th Cir. 1996). And the adversarial process will
clarify what happened that evening.
The Court therefore denies the
remainder of Defendants' motion, NQ 42, without prejudice. The Court
returns this case to Magistrate Judge Kearney. He will appoint counsel,
consider any second motion for summary judgment, and make another
recommendation.
5. If this case needs a trial, it will be on 30 May 2017. The Court will
issue a final scheduling order with pretrial deadlines. Magistrate Judge
Kearney will set other necessary deadlines, including a new dispositive
motions deadline. Any recommendation on dispositive motions must be
submitted no later than 1 February 2017.
-2-
*
*
*
Motion for summary judgment, Ng 42, partly granted, partly denied,
and partly denied without prejudice. Chapman's official capacity claims for
money damages are dismissed with prejudice. His claims against Gibson and
McPhadden are dismissed without prejudice for failure to exhaust. His
claims against Perry and Baker remain for now. This case is returned to
Magistrate Judge Kearney for further proceedings.
So Ordered.
I
D.P. Marshall Jr.
United States District Judge
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