Rubio v. Larkin

Filing 38

ORDER adopting Report and Recommendations 37 ; granting in part and denying in part 27 Motion for Summary Judgment. Signed by Honorable Jimm Larry Hendren on August 27, 2009. (src)

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IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS FAYETTEVILLE DIVISION MARCO ANTONIO TORRES RUBIO v. Civil No. 07-5156 PLAINTIFF DEPUTY LARKIN, Benton County Detention Center; DEPUTY COLLINS, Benton County Detention Center; and DEPUTY MONROE, Benton County Detention Center ORDER DEFENDANTS Now on this 27th day of August, 2009, comes on for consideration the Report and Recommendation of the Magistrate Judge, Hon. James R. Marschewski (document #37, filed August 5, 2009), in this matter, to which no objections have been filed, and the Court, having carefully reviewed said Report and Recommendation, finds that it is sound in all respects, and that it should be adopted in toto. IT IS THEREFORE ORDERED that the Magistrate Judge's Report and Recommendation is adopted in toto. IT IS FURTHER ORDERED that, for the reasons stated in the Magistrate Judge's Report and Recommendation, defendants' amended motion for summary judgment (Doc. 27) is hereby granted in part and denied in part. It is granted with respect to all claims against Deputy Monroe. To the extent the complaint can be read to be asserting denial of medical claims, verbal abuse claims, and unconstitutional conditions of confinement claims, the summary judgment motion is also granted. The motion is denied with respect to the excessive force claims against Deputy Larkin and Deputy Collins arising from the August 8, 2007 incident. IT IS SO ORDERED. /s/Jimm Larry Hendren HON. JIMM LARRY HENDREN UNITED STATES DISTRICT JUDGE

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