Johnson v. Stringfellow, et al

Filing 58

ORDER ADOPTING IN PART AND DECLINING TO ADOPT IN PART REPORT AND RECOMMENDATIONS re 48 Report and Recommendations for 29 Motion for Summary Judgment filed by Sharon, Monte Stringfellow, Devlin. See Order for specifics. Signed by Honorable Susan O. Hickey on September 30, 2013. (mll)

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

V.

PLAINTIFF

CASE NO. 11-CV-4099

SHERIFF MONTE STRINGFELLOW;
DR. DEVLIN, Jail Doctor, Sevier
County Jail; and MS. SHARON,
Head Jailer, Sevier County Jail

DEFENDANTS
ORDER

Before the Court is the Report and Recommendation filed August 14, 2013, by the Honorable
Barry A. Bryant, United States Magistrate Judge for the Western District of Arkansas. (ECF No.
48). Judge Bryant recommends that Defendants’ Motion for Summary Judgment be GRANTED IN
PART and DENIED IN PART. Plaintiff and Separate Defendant Dr. Devlin have responded with
objections (ECF Nos. 49, 50, 56, and 57), and the Court has reviewed the objections. After
reviewing the record de novo, the Court ADOPTS IN PART and DECLINES TO ADOPT IN
PART the Report and Recommendation.
Dr. Devlin objects to the Report and Recommendation to the extent that Plaintiff has not
provided any verifying medial evidence to support his claims. The objection is well-taken. The
Court notes that Plaintiff has made a request for his medical records. Thus, the Court refers this
matter back to Judge Bryant to reconsider Dr. Devlin’s summary judgment arguments after
Plaintiff’s medical records are received.
Plaintiff objects to the portions of the Report and Recommendation that dismiss his claims
against Sheriff Monte Stringfellow and Ms. Sharon. Plaintiff also objects to the portion of the
Report and Recommendation that dismisses his individual capacity claim against Dr. Devlin for

denial of medical care regarding Plaintiff’s blood pressure. The Court, being well and sufficiently
advised, finds that Plaintiff’s objections offer neither law nor fact requiring departure from the
Report and Recommendation regarding the claims against Sheriff Stringfellow and Ms. Sharon and
the individual capacity claim against Dr. Devlin for denial of medical care regarding Plaintiff’s blood
pressure. Thus, Plaintiff’s objections are overruled, and the Court adopts the portions of the Report
and Recommendation that dismiss Plaintiff’s claims against Sheriff Stringfellow and Ms. Sharon and
dismiss the individual capacity claim against Dr. Devlin for denial of medical care regarding
Plaintiff’s blood pressure. It does not appear to the Court that Plaintiff objects to the dismissal of
the official capacity claims against all Defendants.
The following claims are DISMISSED: (1) official capacity claims against all Defendants;
(2) individual capacity claim against Dr. Devlin for denial of medical care regarding Plaintiff’s blood
pressure; (3) individual capacity claims against Sheriff Monte Stringfellow; and (4) individual
capacity claims against Ms. Sharon. Sheriff Stringfellow and Ms. Sharon are DISMISSED WITH
PREJUDICE from this action. The Court refers this matter back to Judge Bryant to reconsider Dr.
Devlin’s summary judgment arguments regarding the following claims: (1) individual capacity claim
against Dr. Devlin for delay of medical care regarding Plaintiff’s blood pressure and (2) individual
capacity claim against Dr. Devlin for denial of medical care regarding Plaintiff’s alleged diabetes.
IT IS SO ORDERED, this 30th day of September, 2013.

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

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