Willis v. Sebastian County Sheriff Frank Atkinson et al

Filing 69

ORDER ADOPTING 66 Report and Recommendations in its entirety and granting defendants' 59 Motion for Summary Judgment as to plaintiff's official capacity claims and claims of tampering with legal mail, missed medications, racial threats and failure to protect from jail personnel, and these claims are dismissed with prejudice; further defendants' motion is denied as to plaintiff's claims of excessive force, denial of medical attention after altercation with inmate Combs and guards, failure to protect plaintiff from inmate Combs, lack of due process at disciplinary hearing and retaliation and these claims will be set for a bench trial. Signed by Honorable Robert T. Dawson on March 16, 2009. (rw)

IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS FORT SMITH DIVISION CARL EDWARD WILLIS v. Case No. 06-2069 PLAINTIFF

FRANK ATKINSON, GUARD MOULDER, GUARD JACOB FINK, GUARD RESTINE, CPL. PAUL, CAPT. CONGER, LT. JACKSON, OFFICER REILLY, OFFICER DUTTON, CRYSTAL REED and ANITA BASS

DEFENDANTS

ORDER Now on this 16th day of March 2009, there comes on for consideration the report and recommendation filed herein on

February 23, 2009, by the Honorable James R. Marschewski, United States Magistrate Judge for the Western District of Arkansas. (Doc. 66). The parties did not file written objections to the

report and recommendation. The court has reviewed finds this as case and, being The well and and

sufficiently

advised,

follows:

report

recommendation is proper and should be and hereby is adopted in its entirety. Accordingly, Defendants' Motion for Summary Judgment

(Doc. 59) is GRANTED as to Plaintiff's official capacity claims and claims of tampering with legal mail, missed medications, racial threats and failure to protect from jail personnel, and these claims are DISMISSED WITH PREJUDICE. Defendants' Motion is DENIED

as to Plaintiff's claims of excessive force, denial of medical attention after altercation with inmate Combs and guards, failure

AO72A (Rev. 8/82)

to protect Plaintiff from inmate Combs, lack of due process at disciplinary hearing and retaliation. be set for a bench trial. IT IS SO ORDERED. These remaining claims will

/s/ Robert T. Dawson Honorable Robert T. Dawson United States District Judge

AO72A (Rev. 8/82)