Cassell v. Arkansas, State of et al

Filing 40

ORDER approving and adopting 36 37 Recommendations; denying Defendants' 25 Motion to Dismiss for failure to state a claim; and approving in part and denying in part Griffin's 19 motion for summary judgment. Signed by Judge Billy Roy Wilson on 10/12/2016. (rhm)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
HAROLD DAVEY CASSELL
ADC #73855
VS.

PLAINTIFF
5:16-CV-00122 BRW/JTR

RORY GRIFFIN,
Deputy Director, ADC, et al.

DEFENDANTS
ORDER

I have reviewed the Recommendation (Doc. No. 36) submitted by United States
Magistrate Judge J. Thomas Ray. No objections have been filed and the time for doing so has
passed. After considering these documents and making a de novo review of the record, I approve
and adopt the Recommendation. According, Defendants’ Motion to Dismiss for failure to state a
claim (Doc. No. 25) is DENIED.
I have also reviewed the Recommendation (Doc. No. 37) submitted by Judge Ray and the
filed objections. After considering these documents and making a de novo review of the record
in this case, I approve and adopt the Recommendation. Accordingly, Griffin’s motion for
summary judgment (Doc. No. 19) is GRANTED IN PART and DENIED IN PART. Plaintiff’s
request for monetary damages against Griffin in his individual capacity is dismissed with
prejudice. Plaintiff may proceed with all other claims against Griffin.
IT IS SO ORDERED this 12th day of October, 2016.

/s/ Billy Roy Wilson
UNITED STATES DISTRICT JUDGE