Corn v. Jones et al

Filing 43

ORDER ADOPTING REPORT AND RECOMMENDATIONS 40 granting and denying in parts 15 Motion for Summary Judgment filed by Ken Jones, Lt. Bass, Kelly Pepper, Gerry Avery, John Williams; claims against Lt. Bass and Deputy Gary Aaron are dismissed. Signed by Honorable Harry F. Barnes on September 30, 2010. (cnn)

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Corn v. Jones et al Doc. 43 IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS EL DORADO DIVISION PETE WILLIAM CORN PLAINTIFF VS. CASE NO. 09-CV-1015 KEN JONES, Union County Sheriff; CAPT. JOHN WILLIAMS, Union County Criminal Justice Facility; LT. BASS; DEPUTY GERRY AVERY; DR. SEAL; and NURSE KELLY PEPPER DEFENDANTS ORDER Before the Court is the Report and Recommendation filed on August 26, 2010 by the Honorable Barry A. Bryant, United States Magistrate Judge for the Western District of Arkansas. (Doc. No. 40). In his report, Judge Bryant found, inter alia, that there were genuine issues of fact whether Defendants Sheriff Ken Jones, Captain John Williams and Nurse Kelly Pepper were deliberately indifferent to Plaintiff Pete Corn's medical needs. He also found that there was insufficient evidence as to whether Lt. Bass and Deputy Gary Aaron were deliberately indifference to Plaintiff's medical needs. Judge Bryant recommended that summary judgment be granted with respect to Plaintiff's claims against Lt Bass and Deputy Aaron and denied as to Sheriff Jones, Captain Williams and Nurse Pepper. Fourteen (14) days have passed and no objections have been filed as to these findings and recommendations. The Court hereby adopts the magistrate's findings and recommendations as to these Defendants. Accordingly, the Court hereby finds that the Motion for Summary Judgment (Doc. No. 15) should be and hereby is granted in part and denied in part. Summary judgment as to Defendants Lt. Bass and Deputy Gary Aaron is hereby granted. All claims against these Defendants are dismissed. Summary judgment as to Defendants Sheriff Ken Jones, Captain John Williams and Nurse Kelly Pepper is hereby denied. IT IS SO ORDERED, this 30th day of September, 2010. /s/Harry F. Barnes Hon. Harry F. Barnes United States District Judge

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