Hamilton v. Singleton et al

Filing 84

ORDER granting in part and denying in part 54 Motion for Summary Judgment; denying 58 Second Motion for Summary Judgment; denying 78 Motion for Hearing; denying 79 Motion for Hearing. Signed by Honorable Barry A. Bryant on March 5, 2015. (mll)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
TEXARKANA DIVISION
TED HAMILTON
v.

PLAINTIFF
Civil No. 4:13-cv-4038

JAMES SINGLETON

DEFENDANTS

ORDER
For the reasons stated in the Memorandum Opinion of even date, Plaintiff’s Motions for a
Hearing (ECF Nos. 78, 79) are DENIED. Plaintiff’s Second Motion for Summary Judgment (ECF
No. 58) is DENIED. Defendant’s Second Motion for Summary Judgment (ECF No. 54) is
GRANTED in part and DENIED in part. Specifically, Plaintiff’s claims relating to Defendant
Singleton’s duty to pay for Plaintiff’s surgery after Plaintiff was released and Plaintiff’s claim for
injunctive relief are dismissed with prejudice. Plaintiff’s claim that Defendant Singleton's action of
releasing him rather than paying for his hand surgery was deliberately indifferent to Plaintiff and
Plaintiff's claims for damages remain and will proceed to trial before a jury.
IT IS SO ORDERED this 5th day of March 2014.
/s/ Barry A. Bryant
HON. BARRY A. BRYANT
U. S. MAGISTRATE JUDGE