Crowley v. Musclewhite et al

Filing 125

ORDER approving and adopting in their entirety 122 Proposed Findings and Partial Recommended Disposition as this Court's findings in all respects; granting in part and denying in part 80 defendants' motion for summary judgment; dismiss ing with prejudice Crowley's claims against defendants Musslewhite, Budnik, Robertson, and Nelson; and dismissing with prejudice Crowley's claims against defendant Smith arising from the 2/8/2018 attack. Crowley's claims against defendant Smith in her personal capacity arising from the 11/20/2017 and the 2/17/2018 attacks will be set for trial. Signed by Judge James M. Moody Jr. on 3/17/2020. (ljb)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
MARK DANIEL CROWLEY
ADC #133058
v.

PLAINTIFF

No: 5:18-cv-00122 JM-PSH

MUSSELWHITE, et al.

DEFENDANTS
ORDER

The Court has reviewed the Proposed Findings and Partial 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, the
Court concludes that the Proposed Findings and Partial Recommended Disposition should be, and
hereby are, approved and adopted in their entirety as this Court’s findings in all respects.
IT IS THEREFORE ORDERED that defendants’ motion for summary judgment is granted
in part and denied in part. Crowley’s claims against defendants Musselwhite, Budnik, Robertson,
and Nelson are dismissed with prejudice; Crowley’s claims against defendant Smith arising from
the February 8, 2018 attack are dismissed with prejudice; and Crowley’s claims against defendant
Smith in her personal capacity arising from the November 20, 2017, and the February 17, 2018
attacks will be set for trial.
DATED this 17th day of March, 2020.

________________________________
UNITED STATES DISTRICT JUDGE