White v. Lusk, et al

Filing 33

ORDER ADOPTING 28 REPORT AND RECOMMENDATIONS see order regarding dismissal of specific claims. Signed by Honorable Susan O. Hickey on September 7, 2021. (src) Modified on 9/7/2021 (src).

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

ANTHONY SCOTT WHITE

v.

PLAINTIFF

Case No. 4:21-cv-04037

MICHAEL LUSK, Attorney;
CAPTAIN ADAMS, Miller County
Detention Center (“MCDC”);
CORRECTIONS OFFICER SUTTON;
WARDEN WALKER;
SERGEANT GOLDEN;
SERGEANT GUNTHER; and
K. NOLAND

DEFENDANTS

ORDER
Before the Court is the Report and Recommendation filed July 29, 2021, by the Honorable
Barry A. Bryant, United States Magistrate Judge for the Western District of Arkansas. (ECF No.
28). Judge Bryant recommends the following:
1. all claims against Defendant Lusk be dismissed with prejudice;
2. all official capacity claims against Defendants be dismissed without prejudice;
3. Plaintiff’s claim for failure to protect from sexual assaults by inmates proceed against
Defendants Adams, Golden, and Gunther in their individual capacities;
4. Plaintiff’s claims for unclean environment, denial of medical care, and inhumane
treatment against Defendants Adams, Golden, and Gunther be dismissed without prejudice
for failure to state claims upon which relief may be granted, pursuant to 28 U.S.C. § 1915A;
5. Plaintiff’s claim for excessive force, denial of medical care, due process, equal
protection, unclean environment, and inhumane treatment against Defendants Walker,

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Noland, Adams, and Sutton be dismissed without prejudice for failure to state claims upon
which relief may be granted, pursuant to 28 U.S.C. § 1915A;
6. Plaintiff’s claim for denial of medical care and interference with legal mail against
Defendant King in his individual capacity proceed; and
7. Plaintiff’s claim for theft of invention list and apps against Defendant King be dismissed
with prejudice.
No party has filed objections to the Report and Recommendation, and the time to do so has
passed. See 28 U.S.C. § 636(b)(1). Being well and sufficiently advised and finding no clear error
on the face of the record, the Court adopts the Report and Recommendation (ECF No. 28) in toto.
Accordingly, the Court finds the following:
1. Plaintiff’s claims against Defendant Lusk are DISMISSED WITH PREJUDICE;
2. Plaintiff’s claims against all Defendants in their official capacities are DISMISSED
WITHOUT PREJUDICE;
3. Plaintiff’s claims for unclean environment, denial of medical care, and inhumane
treatment against Defendants Adams, Golden, and Gunther are DISMISSED WITHOUT
PREJUDICE;
4. Plaintiff’s claims for excessive force, denial of medical care, due process, equal
protection, unclean environment, and inhumane treatment against Defendants Walker,
Noland, Adams, and Sutton are DISMISSED WITHOUT PREJUDICE;
5. Plaintiff’s claim for theft of invention list and apps against Defendant King is
DISMISSED WITH PREJUDICE.
Plaintiff’s claim for failure to protect from sexual assaults by inmates against Defendants
Adams, Golden, and Gunther in their individual capacities and Plaintiff’s claim for denial of

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medical care and interference with legal mail against Defendant King in his individual capacity
shall remain for further consideration by Judge Bryant.
IT IS SO ORDERED, this 7th day of September, 2021.
/s/ Susan O. Hickey
Susan O. Hickey
Chief United States District Judge

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