Briley v. Roberson et al

Filing 27

ORDER adopting the 7 Partial Recommendation as modified. Briley's 21 objections are partly sustained. Briley may proceed with his failure-to- protect claims against Cherry, Johnson, Tyler, Hunter, Adams, Alexander, McClinton, Taylor, Browley , Roberson, and Bolin. He may proceed with his excessive-force claims against Shaw, Taylor, and Cherry. And he may proceed with his deliberate-indifference claims against Turntine, Rose, and Johnson. All other claims and defendants are dismissed without prejudice. Signed by Judge D. P. Marshall Jr. on 12/12/2017. (jak)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
PLAINTIFF

EDDIE BRILEY

v.

No. 5:17-cv-260-DPM-BD

GERALD ROBERSON, Sheriff,
Jefferson County Jail, et al.

DEFENDANTS

ORDER
1. On de nova review, the Court adopts the partial recommendation,

NQ 7, as modified. FED. R. CIV. P. 72(b)(3). Briley' s objections, NQ21, are
partly sustained: construing the complaint broadly, Briley has stated a
failure-to-protect claim against Roberson and Bolin as well. NQ1 at 4-5.
The remaining objections are overruled. If Briley wants to make a claim
against Defendant Evans, then he must do so in an amended
complaint- not in his objections.
2. Briley may proceed with his failure-to-protect claims against

Cherry, Johnson, Tyler, Hunter, Adams, Alexander, McClinton, Taylor,
Browley, Roberson, and Bolin. He may proceed with his excessive-force
claims against Shaw, Taylor, and Cherry. And he may proceed with his
deliberate-indifference claims against Turntine, Rose, and Johnson. All
other claims and defendants are dismissed without prejudice.

So Ordered.

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