Nunn et al v. Arkansas Department of Human Services et al

Filing 42

JUDGMENT: adopting in part Report and Recommendations re 38 ; granting 26 Defendants' Motion for Summary Judgment; plaintiffs claims against all defendants are dismissed with prejudice. Signed by Honorable Susan O. Hickey on September 27, 2012. (cnn)

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
EL DORADO DIVISION
KIDQUEST, Inc.
VS.

PLAINTIFF
CASE NO. 1:10-cv-1063

JOHN SELIG, in his official capacity as Director
of the Arkansas Department of Human Services; and
DR. JAMES GREEN, in his Official Capacity as
Director of the Division of Developmental Disabilities
of the Arkansas Department of Human Services

DEFENDANTS

JUDGMENT
Before the Court is the Report and Recommendation filed September 11, 2012 by the
Honorable Barry A. Bryant, United States Magistrate Judge for the Western District of Arkansas.
(ECF No. 38). Judge Bryant recommends that Defendants John Selig and Dr. James Green’s Motion
for Summary Judgment (ECF No. 26) be granted in part and denied in part. Specifically, Judge
Bryant recommends that Plaintiff's remaining equal protection claims be dismissed and that
Plaintiff's due process claims proceed to trial. All parties have filed objections to the Report and
Recommendation. (ECF Nos. 39-40). After reviewing the record de novo, the Court adopts Judge
Bryant's Report and Recommendation in part.
For the reasons discussed in the Memorandum Opinion of even date, as well as those
contained in Judge Bryant’s Report and Recommendation (ECF No. 38), Defendants’ Motion for
Summary Judgment (ECF No. 26) should be and hereby is GRANTED. Plaintiff’s claims against
all Defendants are hereby DISMISSED WITH PREJUDICE.
IT IS SO ORDERED, this 27th day of September, 2012.
/s/ Susan O. Hickey
Hon. Susan O. Hickey
United States District Judge