Williams v. Smith et al

Filing 72

ORDER ADOPTING REPORT AND RECOMMENDATIONS re 70 Report and Recommendations; granting in part and denying in part 57 Motion for Summary Judgment; granting in part and denying in part 60 Motion for Summary Judgment. Sonya Smith, Sgt. Welch, Officer Wilkerson, Officer Adams and Cpl. Lafayette terminated. Claims remain for later resolution against Nurse Williams, Tracey Smith and Warden Gary Turner. Signed by Honorable Susan O. Hickey on September 4, 2012. (cap)

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
TEXARKANA DIVISION
TRACY BERNARD WILLIAMS
VS.

PLAINTIFF
CASE NO. 4:10-CV-04085
Lead Case

TRACEY SMITH; and SONYA
SMITH

DEFENDANTS

______________________________________________________________________________
TRACY BERNARD WILLIAMS
VS.

PLAINTIFF
CASE NO. 4:10-CV-04194
Member Case

OFFICER ADAMS; OFFICER
WILKERSON; SGT. WELCH;
COPR. LAFAYETTE; WARDEN
GARY TURNER; and NURSE
WILLIAMS

DEFENDANTS
ORDER

Before the Court is the Report and Recommendation filed August 14, 2012 by the Honorable
James R. Marschewski, Chief United States Magistrate Judge for the Western District of Arkansas.
(ECF No. 70). Judge Marschewski recommends granting in part and denying in part Separate
Defendants’ Motions for Summary Judgment. (ECF Nos. 57 and 60). 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.
Separate Defendant Nurse William’s Motion for Summary Judgment (ECF No. 57) is
GRANTED in part and DENIED in part. Specifically, the Motion (ECF No. 57) should be
granted with respect to: (1) all official capacity claims against Nurse Williams; (2) Plaintiff’s

retaliation claim regarding denial of medical care; and (3) Plaintiff’s retaliation claim regarding
denial of injury report. This leaves for later resolution the individual capacity claims against Nurse
Williams regarding retaliation: (1) by enticing inmates to attack Plaintiff; and (2) locking Plaintiff
down in the “Super-Max.” Separate Defendants’ Motion for Summary Judgement (ECF No. 60) is
GRANTED in part and DENIED in part. Specifically, the Motion (ECF No. 60) should be
granted with respect to: (1) all official capacity claims against all Separate Defendants; (2) all
individual claims against Corporal Kelli Lafayette, and Corporal Lafayette should be dismissed; (3)
all individual capacity claims of failure to protect against all Separate Defendants; (4) all individual
capacity claims against Officer Sonya Smith, and Officer Sonya Smith should be dismissed; (5) all
individual capacity claims of delay and denial of medical care against all Separate Defendants; and
(6) all individual capacity claims regarding legal mail against all Separate Defendants. This leaves
for latter resolution the individual capacity claims of (1) retaliation against Warden Gary Turner; and
(2) excessive force against Corporal Tracey Smith.
IT IS SO ORDERED, this 4th day of September, 2012.

/s/ Susan O. Hickey
Hon. Susan O. Hickey
United States District Judge