Ponder v. Vanhook et al

Filing 18

JUDGMENT/ORDER ADOPTING REPORT AND RECOMMENDATIONS re 16 ; separate parties Union County Sheriff's Department, George Vanhook, Lee Ward (Union County Prosecuting Attorney's Office), El Dorado Police Department and Carla Gibson (Union County Prosecuting Attorney) are dismissed; see order for specifics with regard to claims. Signed by Honorable Susan O. Hickey on May 15, 2014. (cnn)

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
EL DORADO DIVISION

GERALD THOMAS PONDER

V.

PLAINTIFF

Civil No.13-cv-1088

JUDGE GEORGE VANHOOK, et al.

DEFENDANTS

JUDGMENT
Before the Court is the Report and Recommendation filed April 25th, 2014, by the
Honorable Barry A. Bryant, United States Magistrate Judge for the Western District of Arkansas.
(ECF No. 16). Judge Bryant recommends that certain claims against certain defendants be
dismissed. The parties have not filed objections to the Report and Recommendation, and the
time to object has passed. See 28 U.S.C. § 636(b)(1). Therefore, the Court adopts the Report
and Recommendation in toto.
Accordingly, Plaintiff’s claims against the Union County Sheriff’s Department, El
Dorado Police Department, Judge Vanhook, Lee Ward, and Cara Gibson are DISMISSED.
Plaintiff’s claims relating to his charges, convictions, sentences, and incarceration are
DISMISSED. Plaintiff’s official capacity claims are DISMISSED. Plaintiff’s Medicaid fraud
claim is DISMISSED. Plaintiff’s claims of failure to investigate regarding the altercation with
Mr. Wilbound are DISMISSED.

This leaves Plaintiff’s claims that: (1) he was harassed for

three hours on a traffic stop; (3) his truck was illegally seized and sold; (3) he was denied
medical care and medication; (4) excessive force was used against him during his arrests on July
3, 2012, and on October 1, 2013 and on another occasion at the hospital; (5) Capital Mitchell

threatened him; (6) the conditions of his confinement (over-crowded, poor ventilation, black
mold, no UV lights for tuberculosis, exposed to tuberculosis, denied shave and hair cut) at the
UCDC violated his constitutional rights; and (7) he was denied an attorney.
IT IS SO ORDERED, this 15th day of May, 2014.
/s/ Susan O. Hickey
Hon. Susan O. Hickey
United States District