Hamilton v. Singleton et al

Filing 53

ORDER denying 22 Plaintiff's Motion for Partial Summary Judgment; granting in part and denying in part 38 Defendants' Motion for Summary Judgment; Joan McClean, Stephen Glover and Johnny Godbolt terminated. Signed by Honorable Barry A. Bryant on March 28, 2014. (mll)

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UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS TEXARKANA DIVISION TED HAMILTON v. PLAINTIFF Civil No. 4:13-cv-4038 JAMES SINGLETON; JOAN MCCLEAN; JOHNNY GODBOLT; and STEPHEN GLOVER DEFENDANTS ORDER For the reasons stated in the Memorandum Opinion of even date, Plaintiff’s Motion for Partial Summary Judgment (ECF No. 22) is hereby DENIED and Defendants’ Motion for Summary Judgment (ECF No. 38) is hereby GRANTED in part and DENIED in part. Specifically, Plaintiff’s denial and delay of medical care claims against all Defendants in their official and individual capacities relating to the time period March 26, 2012 through April 19, 2012 are dismissed and Defendants McClean, Godbolt, and Glover are dismissed from this case. This leaves only Plaintiff’s individual capacity claim against Sheriff Singleton related to his conduct in releasing Plaintiff and subsequently refusing to pay for Plaintiff’s surgery on May 1, 2012. Defendant Singleton may file a separate Motion for Summary Judgment regarding this issue. IT IS SO ORDERED this 28th day of March 2014. /s/ Barry A. Bryant HON. BARRY A. BRYANT U. S. MAGISTRATE JUDGE

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