Williams v. Rambo et al

Filing 121

JUDGMENT ADOPTING REPORT AND RECOMMENDATIONS re 118 Report and Recommendations; Plaintiff's claims against Rachel Jones, Dolly Simmons, Ron Stoval, Don Thornell (CID), Gary Turner, Wayne Walker (Name changed from Jailer Walker per Order dated 5/9/11 ), Cecil White (CID), and Woody Giles (Jailer (Name changed from Sgt. Giles per Order dated 8/30/10)) are dismissed with prejudice; Plaintiff's claims against Sheila Abraham-Drake (Substituted for Officer Drake in his indivi dual capacity, being the Wife and Estate Beneficiary of Officer Drake) are dismissed without prejudice. Defendants Rambo, Nichleson, and Ballard should be and hereby are jointly and severally liable to Plaintiff for compensatory damages in the am ount of $5,000. They are also jointly and severally liable for Plaintiff's $350 filing fee in this action. Defendant Ballard is liable to Plaintiff for punitive damages in the amount of $5,000. Signed by Honorable Susan O. Hickey on March 25, 2013. (cap)

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IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS TEXARKANA DIVISION MICHAEL LYNN WILLIAMS VS. PLAINTIFF CASE NO. 4:09-CV-4088 FORMER SHERIFF LINDA RAMBO; WARDEN JANICE NICKLESON; JAILER DOLLY SIMMONS; SGT. RACHEL JONES; WAYNE WALKER; DEPUTY DON THORNELL; DEPUTY CECIL WHITE; SHERIFF RON STOVALL; SGT. WOODY GILES; MAJOR GARY TURNER; SHEILA ABRAHAM-DRAKE; and JIMMY BALLARD DEFENDANTS JUDGMENT The Honorable Erin L. Setser, United States Magistrate Judge for the Western District of Arkansas, filed a Report and Recommendation on March 4, 2013 (ECF No. 118) related to Plaintiff’s civil rights action against Defendants in their official and individual capacities. For the reasons discussed in the Court’s memorandum opinion of even date, the Court adopts Judge Seteser’s report in its entirety. Plaintiff’s claims against Defendants Simmons, Jones, Thornell, Walker, White, Stovall, Giles, and Turner should be and hereby are DISMISSED with prejudice. Plaintiff’s claims against Defendant Abraham-Drake are DISMISSED without prejudice. Defendants Rambo, Nichleson, and Ballard should be and hereby are jointly and severally liable to Plaintiff for compensatory damages in the amount of $5,000. They are also jointly and severally liable for Plaintiff’s $350 filing fee in this action. Defendant Ballard is liable to Plaintiff for punitive damages in the amount of $5,000. IT IS SO ORDERED, this 25th day of March, 2013. /s/ Susan O. Hickey Susan O. Hickey United States District Judge

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