Niederberger v. Benton County Detention Center et al

Filing 17

ORDER granting in part and denying in part 12 Motion for Summary Judgment; ORDER ADOPTING REPORT AND RECOMMENDATIONS. Signed by Honorable Jimm Larry Hendren on February 10, 2009. (tg)

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

JODY DOON NIEDERBERGER v. Civil No. 07-5216

PLAINTIFF

CAPTAIN HUNTER PETRAY; and SHERIFF KEITH FERGUSON ORDER Now on this 10th day of February, 2009,

DEFENDANT

comes

on

for

consideration the Report and Recommendation of the Magistrate Judge, Hon. James R. Marschewski (document #16, filed January 15, 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' Motion for Summary Judgment (Doc. #12) is hereby granted in part and denied in part. punitive damages It is granted in regard to the compensatory or as those damages are barred by 42 U.S.C.

§ 1997e(e).

In all other respects, the motion is denied.

IT IS SO ORDERED.

/s/Jimm Larry Hendren HON. JIMM LARRY HENDREN UNITED STATES DISTRICT JUDGE