Williams v. Smith et al

Filing 33

ORDER adopting Report and Recommendations re 31 Report and Recommendations; granting in part and denying in part 24 Motion for Summary Judgment; Plaintiff's medical care claims are dismissed with prejudice as to all Defendants. Plaintiff� 39;s excessive use of force claim is dismissed with prejudice as to separate Defendants Joan McClean, Steven Glover and Johnny Godbolt. Plaintiff's excessive use of force claim against Officer Jimmy Smith is the only surviving claim. Joan McClean, Steven Glover and Johnny Godbolt terminated. Signed by Honorable Susan O. Hickey on March 1, 2012. (cap)

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
TEXARKANA DIVISION

AKIN WILLIAMS

vs.

PLAINTIFF

Case No. 4:10-cv-4144

OFFICER JIMMY SMITH;
LT. STEVEN GLOVER; NURSE
JOAN McCLEAN; and
CAPTAIN JOHNNY GODBOLT

DEFENDANTS
ORDER

Before the Court is the Report and Recommendation filed January 30, 2012 by the Honorable
Barry A. Bryant, United States Magistrate Judge for the Western District of Arkansas. (ECF No. 31).
Judge Bryant recommends that Defendants’ Motion for Summary Judgment (ECF No. 24) be granted
in part and denied in part. Specifically, Judge Bryant recommends that the motion be granted with
respect to the denial of medical care claims and all claims against Lt. Steven Glover, Nurse Joan
McLean, and Captain Johnny Godbolt. Judge Bryant further recommends that the motion be denied on
the excessive force claim against Officer Jimmy Smith. After reviewing the record de novo, the Court
adopts Judge Bryant’s Report and Recommendation as its own.
Plaintiff Akin Williams has filed an objection to the Report and Recommendation. (ECF No.
32). Plaintiff appears to have misunderstood the Report and Recommendation as denying or dismissing
his excessive force claim against Officer Jimmy Smith and offers further argument as to why the
excessive force claim against Officer Smith has merit. Because Judge Bryant recommends that the
excessive force claim not be dismissed as to Officer Smith, Plaintiff’s objections are moot.
Accordingly, the Court adopts Judge Bryant’s Report and Recommendation. Defendants’ Motion
for Summary Judgment (ECF No. 24) should be and hereby is GRANTED in part and DENIED in
part. Plaintiff’s medical care claims are DISMISSED WITH PREJUDICE as to all Defendants.

Plaintiff’s excessive use of force claim is DISMISSED WITH PREJUDICE as to Separate Defendants
Lt. Steven Glover, Nurse Joan McLean, and Captain Johnny Godbolt. Plaintiff’s excessive use of force
claim against Officer Jimmy Smith is the only surviving claim.
IT IS SO ORDERED, this 1st day of March, 2012.
/s/ Susan O. Hickey
Hon. Susan O. Hickey
United States District Judge