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)

Download PDF
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

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?