Johnson v. Teft et al

Filing 78

ORDER ADOPTING REPORT AND RECOMMENDATIONS re 75 ; granting 77 Motion to Release Settlement Funds. Plaintiff's failure to protect claim is dismissed with prejudice. Signed by Honorable Susan O. Hickey on November 30, 2018. (mll)

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
TEXARKANA DIVISION
CHARLES SAMUEL JOHNSON, JR.
v.

PLAINTIFF

Case No. 4:16-cv-4109

CORPORAL TEFT, OFFICER RODRIGUEZ,
CORPORAL HENSLEY, SERGEANT MOON,
CORPORAL GRIFFFIE

DEFENDANTS

ORDER
Before the Court is the Report and Recommendation filed October 25, 2018, by the
Honorable James R. Marschewski, United States Magistrate Judge for the Western District of
Arkansas. (ECF No. 75). No party has objected to the Report and Recommendation and the time
to do so has passed. See 28 U.S.C. § 636(b)(1). The Court finds the matter ripe for consideration.
Also before the Court is Plaintiff’s motion for disbursement of funds. (ECF No. 77).
Defendants have not responded to the motion and the time to do so has passed. See Local Rule
7.2(b). The Court finds the matter ripe for consideration.
On November 11, 2016, Plaintiff filed this action pursuant to 42 U.S.C. § 1983, alleging
that Defendants violated his constitutional rights while he was incarcerated in the Miller County
Detention Center. Specifically, Plaintiff asserts a claim of failure to protect against Defendants
Teft, Rodriguez, and Moon.

Plaintiff also asserted a claim of excessive force against all

Defendants. 1
On May 10, 2018, the parties underwent a mandatory settlement conference presided over
by Judge Marschewski. At the settlement conference, the parties agreed to settle the case for

On April 4, 2018, Plaintiff filed a motion to withdraw his excessive force claim. On April 18, 2018, the Court
granted that motion and dismissed Plaintiff’s excessive force claim without prejudice.
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$2,000.00. As part of the settlement, Plaintiff agreed to dismiss his failure to protect claim.
Subsequently, Plaintiff refused to sign release documents that were sent to him. Instead, he filed
two motions with the Court, requesting clarification of the nature of the settlement agreement and
requesting the Court to order Defendants to comply with the terms of the settlement. The Court
denied both motions. On July 17, 2018, the Court entered a judgment, closing this case and
retaining jurisdiction in the event that the settlement was not completed and further litigation was
necessary. On August 16, 2018, Defendants filed a motion for leave to deposit the agreed-upon
settlement funds into the registry of the Court.

On October 25, 2018, the Court granted

Defendants’ motion to deposit settlement funds into the registry of the Court.
On October 25, 2018, Judge Marschewski issued the instant Report and Recommendation.
Judge Marschewski recommends that the Court dismiss Plaintiff’s failure to protect claim with
prejudice, pursuant to the parties’ settlement agreement. Judge Marschewski also recommends
that the Court advise Plaintiff that he may petition the Court for disbursement of the settlement
funds currently held in the registry of the Court. To date, Plaintiff has not filed objections to the
Report and Recommendation. However, on November 8, 2018, Plaintiff filed a motion for
disbursement of settlement funds, stating that he agrees to release Defendants from liability on his
failure to protect claim and requesting that the Court mail him the agreed-upon settlement funds
via check or money order.
Judge Marschewski’s Report and Recommendation and Plaintiff’s motion each seek the
same outcome: that Plaintiff’s failure to protect claim be dismissed with prejudice and that
Plaintiff petition for disbursement of the settlement funds. The Court has reviewed the case, and
being well and sufficiently advised, finds that the Report and Recommendation is proper and
should be adopted in its entirety. Therefore, the Court adopts the Report and Recommendation

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(ECF No. 75) in toto. Additionally, Plaintiff’s motion (ECF No. 77) is hereby GRANTED.
Accordingly, Plaintiff’s failure to protect claim is hereby DISMISSED WITH PREJUDICE.
The Clerk of Court is DIRECTED to provide Plaintiff with the $2,000.00 in settlement funds
previously deposited by Defendants into the registry of the Court.
IT IS SO ORDERED, this 30th day of November, 2018.
/s/ Susan O. Hickey
Susan O. Hickey
United States District Judge

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