Russell v. Johnson County Sheriffs Office et al

Filing 21

ORDER ADOPTING 19 REPORT AND RECOMMENDATIONS in its entirety, granting 12 MOTION to Dismiss filed by Sheriff Jimmy Dorney and 17 MOTION to Dismiss For Failure to State a Claim filed by George Summerline. Further Plaintiff's Complaint is DISMISSED WITH PREJUDICE for failure to state claim upon which relief maybe granted. Signed by Honorable P. K. Holmes, III on April 2, 2012. (lw)

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
FORT SMITH DIVISION
MARCUS LEON RUSSELL
v.

PLAINTIFF
Case No. 2:11-CV-02242

SHERIFF JIMMY DORNEY, JOHNSON
COUNTY, ARKANSAS; and
TROOPER GEORGE SUMMERLINE

DEFENDANTS
ORDER

Currently before the Court is the Report and Recommendations (Doc. 19) filed in this case
on March 5, 2012, by the Honorable James R. Marschewski, United States Magistrate for the
Western District of Arkansas, in regard to two Motions to Dismiss (Docs. 12 and 17) filed by
Defendants Dorney and Summerline. Also before the Court are Plaintiff’s Objections (Doc. 20) to
the Report and Recommendations.
Having reviewed the case de novo, the Court finds that Plaintiff has failed to state a claim
for a violation of the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”)
because there is no private right of action created by HIPAA. The Magistrate’s findings with regard
to Plaintiff’s claims against Defendants in their personal and official capacities are well-reasoned
and show that there is no basis upon which Defendants may be held liable to Plaintiff in their
personal or official capacities. Furthermore, the Court is persuaded by the Magistrate’s finding that
Plaintiff failed to state facts amounting to a deprivation or denial of his constitutional rights.
Accordingly, Plaintiff’s Objections to the Report and Recommendations offer neither law nor fact
requiring departure from the Magistrate’s findings.
Therefore, the Court, being well and sufficiently advised, finds that the Report and
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Recommendations (Doc. 19) is proper and should be and hereby is ADOPTED IN ITS
ENTIRETY.

For the reasons stated herein and in the Magistrate Judge’s Report and

Recommendations, Defendants’ Motions to Dismiss (Docs. 12 and 17) are GRANTED, and
Plaintiff’s Complaint is DISMISSED WITH PREJUDICE for failure to state a claim upon which
relief may be granted.
IT IS SO ORDERED this 2nd day of April, 2012.

/s/P. K. Holmes, III
P.K. HOLMES, III
CHIEF U.S. DISTRICT JUDGE

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