Williams v. Smith et al

Filing 44

JUDGMENT, adopting 43 Report and Recommendations, and entering judgment in favor of Akin Williams against Jimmy Smith in the amount of $500.00 in compensatory damages, $1.00 in nominal damages, with court costs in the amount of $350.00. Signed by Honorable Susan O. Hickey on November 29, 2012. (cap)

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IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS TEXARKANA DIVISION AKIN WILLIAMS vs. PLAINTIFF Civil No. 4:10-cv-4144 OFFICER JIMMY SMITH DEFENDANT JUDGMENT Before the Court is the Report and Recommendation filed October 31, 2012, by the Honorable Barry A. Bryant, United States Magistrate Judge for the Western District of Arkansas. (ECF No. 43). Pursuant to the provisions of 42 U.S.C. § 1983, Plaintiff alleges in his Complaint that he was subjected to excessive force by Defendant Officer Jimmy Smith. After conducting an evidentiary hearing, Judge Bryant recommends that judgement be entered against Defendant Jimmy Smith and that Plaintiff be awarded $1.00 in nominal damages and $500.00 in compensatory damages. Judge Bryant further recommends that Defendant Jimmy Smith be required to pay the court filing fee of $350.00 that was assessed against Plaintiff. 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. Judgment is hereby entered against Defendant Jimmy Smith, and Plaintiff is hereby awarded $1.00 in nominal damages and $500.00 in compensatory damages. If all or any portion of the filing fee has been paid through deductions from Plaintiff’s inmate account, the Clerk is directed to refund the funds to Plaintiff. IT IS SO ORDERED, this 29th day of November, 2012. /s/ Susan O. Hickey Hon. Susan O. Hickey United States District Judge

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