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)

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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

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