Solomon v. Sanders et al

Filing 67

ORDER denying 41 Motion for Summary Judgment; granting 43 Motion to Strike; denying 60 Motion for Summary Judgment; denying 61 Motion for Summary Judgment; denying 62 Motion to Supplement; granting 63 Motion to Strike. Signed by Honorable Barry A. Bryant on April 14, 2015. (mll)

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
TEXARKANA DIVISION
CLIFTON O. SOLOMON
v.

PLAINTIFF
Civil No. 4:13-cv-04126-SOH-BAB

CORPORAL ALLEN SANDERS;
and DEWAYNE FLOYD

DEFENDANTS

ORDER
Plaintiff filed this section 1983 action on December 30, 2013. Plaintiff proceeds pro se and
in forma pauperis. Currently before the Court are the following Motions: Plaintiff’s Motion for
Summary Judgment (ECF No. 41); Defendants’ Motion to Strike Motion for Summary Judgment
(ECF No. 43); Plaintiff’s three separate Motions to Supplement his Motion for Summary Judgment
(ECF No. 60, 61 and 62); and Defendants’ Motion to Strike Supplemental Motions for Summary
Judgment (ECF No. 63).
1.

BACKGROUND
In Plaintiff’s original Complaint, he names Dewayne Floyd and Allen Sanders as

Defendants and states he suing Defendants in both their individual and official capacities.
Specifically, Plaintiff claims: (1) Defendant Sanders’s actions related to Plaintiff’s diciplinary
proceedings in November 2013 were retaliation; (2) he was the victim of a health hazard on
November 21, 2013 when Defendant Floyd used sulfuric acid in West A Pod; (3) the panic button
does not work in his pod; (4) his pod has only one working shower for thirty inmates; (5) there is
no hot water; (6) there are no cleaning supplies; and (7) the food is cold. ECF No. 1.

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2.

DISCUSSION
Plaintiff now, in his various motions for summary judgment, moves for judgment against

the Defendants. The basis of his motion is his assertion that a video and audio recording of at least
some of the incident which underlies his claim no longer exists. He again asks the Court to order
the Defendants to produce this video and audio recording. Finally, he asks for punitive damages
against Defendant Allen Sanders in his Motion to Supplement Motion for Summary Judgment.
ECF No. 62.
Defendants move to strike all of Plaintiff’s requests for Summary Judgment. Defendants
claim the four motions for Summary Judgment filed herein by the Plaintiff to do not comply with
FED. R. CIV. P. 56 and Local Rules 7.2(a) and 56.1(a). I agree.
Rule 56 requires a party to specifically set forth the claims on which summary judgment
is sought. Plaintiff has not done so here. Rather he merely asserts, again, the absence of a
video and audio recording he claims will prove his claims. Local Rules 7.2(a) and 56.1(a)
require a party seeking summary judgment to set forth a concise statement of facts which he
contends are not in dispute and which if true would entitle him to relief. He has not set out
such a statement of facts.
Rule 56 also requires a party seeking summary judgment to point to specific portions
of the record, depositions, documents, affidavits, declarations, admissions or answers to
interrogatories which will support the specific facts he alleges are not in dispute.

Here,

Plaintiff has set out no such facts in his motions. In the Motion to Supplement Summary
Judgment, he simply makes a damage claim against one of the Defendants. He has certainly
not demonstrated such facts by supporting those with something in the record.
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In short,

Plaintiff’s four motions for summary judgment, even when considered liberally, wholly fail to
comply with Rule 56.
IT IS THEREFORE ORDERED Defendants’ Motions to Strike (ECF No. 43 and 63)
are GRANTED.

Plaintiff’s Motion for Summary Judgment (ECF No. 41) and three separate

Motions to Amend or Supplement his Motion for Summary Judgment (ECF No. 60, 61 and
62) are STRICKEN and DENIED for failure to comply with FED. R. CIV. P. 56 and Local
Rules 7.2(a) and 56.1(a).
IT IS SO ORDERED this 14th day of April 2015.
/s/ Barry A. Bryant
HON. BARRY A. BRYANT
UNITED STATES MAGISTRATE JUDGE

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