Davis v. Sherrill et al

Filing 141

ORDER adopting 139 Proposed Findings and Recommended Disposition submitted by United States Magistrate Judge Patricia S. Harris; denying 121 Plaintiff's motion for summary judgment; granting 125 Defendants' motion for summary judgment; and dismissing this case with prejudice. Signed by Judge Billy Roy Wilson on 10/9/2019. (jbh)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
KENNETH F. DAVIS
ADC #127248
v.

PLAINTIFF
No: 5:18-cv-00001 BRW-PSH

JARRED SHERRILL, et al.

DEFENDANTS
ORDER

I have reviewed the Proposed Findings and Recommended Disposition submitted by
United States Magistrate Judge Patricia S. Harris, and the objections filed. After carefully
considering the objections and making a de novo review of the record in this case, I approve and
adopt the Proposed Findings and Recommended Disposition in all respects.
Accordingly, Plaintiff’s motion for summary judgment is denied. Defendants are entitled
to sovereign immunity on Davis’ official capacity claims. The Defendants are also entitled to
qualified immunity as to Davis’ individual capacity claims because Davis fails to establish a
constitutional violation. Defendants’ motion for summary judgment (Doc. No. 125) is granted,
and this case is dismissed with prejudice.
IT IS SO ORDERED this 9th day of October, 2019.
Billy Roy Wilson_____________
UNITED STATES DISTRICT JUDGE