Scott v. Kelly et al

Filing 29

ORDER adopting the 6 Recommendation as modified and overruling most of Scott's objections, 9 . Scott's claims against the Unit and the Department are dismissed with prejudice. Scott's claims against Major Williams aren't limit ed to claims about lost property. Scott's objection is sustained on the point regarding Major Williams being partly responsible for the ADC's policy on what property inmates in punitive segregation can have. Scott's claims about lost o r stolen property are dismissed without prejudice for failure to state a claim. Scott's claims against Defendants Strout and Morris are dismissed without prejudice for failure to state a claim. Signed by Judge D. P. Marshall Jr. on 4/20/2016. (jak)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
DEVERICK SCOTT
ADC #131042

v.

PLAINTIFF

No. 5:16-cv-65-DPM

WENDY KELLEY," Director, Arkansas
Department of Correction, et al.

DEFENDANTS

ORDER
1. On de nova review, the Court adopts the recommendation, NQ 6, as

modified and overrules most of Scott's objections, NQ 9. FED. R. CIV. P. 72(b)(3).
2. The modifications: First, neither the Tucker Unit nor the Arkansas

Department of Correction is a "person" who can be sued under§ 1983. E.g.,
Will v. Michigan Department of State Police, 491 U.S. 58, 71 (1989). Scott's

claims against the Unit and the Department are therefore dismissed with
prejudice.
Second, Scott's claims against Major Williams aren't limited to claims
about lost property.

Scott also alleges that Major Williams is partly

responsible for the ADC's policy on what property inmates in punitive

*The Court directs the Clerk to correct the spelling of Kelley's name on
the docket.

segregation can have. N2 5 at 12 & 53. Scott's objection is therefore sustained
on this point. Major Williams stays in the case for now.
3. Scott's claims about lost or stolen property are dismissed without
prejudice for failure to state a claim.
4. Scott's claims against Defendants Strout and Morris are dismissed
without prejudice for failure to state a claim.
So Ordered.

D.P. Marshall Jr.
United State District Judge

-2-