Hinson v. Ferguson et al

Filing 39

ORDER adopting 38 Report and Recommendations and granting in part and denying in part 29 Motion for Summary Judgment. Signed by Honorable Jimm Larry Hendren on August 28, 2009. (src)

IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS FAYETTEVILLE DIVISION MICHAEL P. HINSON v. Civil No. 08-5072 PLAINTIFF

SHERIFF KEITH FERGUSON, Benton County, Arkansas, MAJOR GENE DRAKE, Benton County Detention Center, CAPTAIN HUNTER PETRAY, Benton County Detention Center, DEPUTY ZACHARY JOHNSTON; DR. HUSKINS; and NURSE SMITH ORDER

DEFENDANTS

Now on this 28th day of August, 2009, comes on for consideration the Report and Recommendation of the Magistrate Judge, Hon. James R. Marschewski (document #38, filed August 4, 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. 29) is hereby granted in part and denied in part. It is granted with respect to Hinson's excessive force claim and his unconstitutional conditions of confinement claim which would dismiss all claims against Deputy Zachary Johnson. All claims against Sheriff Keith Ferguson, Major Gene Drake and Captain Hunter Petray are also dismissed. The motion is denied with respect to Hinson's denial of adequate dental care claim against Dr. Huskins and Nurse Smith. IT IS SO ORDERED.

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