Moore v. Cook et al
ORDER adopting as modified 23 Recommendation. 10 Motion, granted in part and denied in part. The Court returns this case to the Magistrate Judge for further proceedings. An in forma pauperis appeal from this Order would not be taken in good faith. Signed by Judge D. P. Marshall Jr. on 2/8/2017. (jak)
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
ROBERT L. MOORE, JR.,
CONNIE COOK, Visitation Clerk,
Cummins Unit, ADC; WILLIAM
STRAUGHN, Warden, Cummins Unit,
ADC; CHRIS BUDNIK, Deputy Warden,
Cummins Unit, ADC; and VERNON
ROBINSON, Building Major,
Cummins Unit, ADC
1. Unopposed recommendation, Ng 23, adopted as modified. FED. R.
Crv. P. 72(b) (1983 addition to advisory committee notes). Motion to dismiss,
Ng 10, granted in part and denied in part.
2. Moore's claims for money damages against the ADC defendants in
their official capacities are dismissed with prejudice. And Moore doesn't have
standing to assert claims on behalf of his wife; those claims are dismissed
3. On individual liability, the recommendation is right as far as it
goes -that is, there's no clearly established right to contact visitation. Block v.
Rutherford, 468 U.S. 576, 586-589 (1984). But it's not clear from the pleadings
that Moore's complaint is limited to being denied contact visits. As for noncontact visits, the Court doesn't understand why the folks at the ADC denied
visitation if the dates are as Moore says in his papers. Three years have
passed since his wife's employment at the facility.
And what is the
confidential reason? The Court can't evaluate qualified immunity or consider
the denial in relation to a legitimate penological interest if the defendants
won't say why. Overton v . Bazzetta, 539 U.S. 126, 134-35 (2003). These are
questions best answered on a more complete record.
Recommendation, NQ 23, adopted as modified. Motion, NQ 10, granted
in part and denied in part. The Court returns this case to the Magistrate Judge
for further proceedings. An in forma pauperis appeal from this Order would
not be taken in good faith. 28 U.S.C. § 1915(a)(3).
D .P. Marshall Jr
United States District Judge
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