Spears v. Hernandez et al

Filing 41

ORDER ADOPTING REPORT AND RECOMMENDATIONS; ORDER granting in part and denying in part 33 Motion for Summary Judgment. Signed by Honorable Jimm Larry Hendren on March 16, 2010. (tg)

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IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS FAYETTEVILLE DIVISION ANTHONY MICHAEL SPEARS v. Civil No. 08-5171 PLAINTIFF DEPUTY HERNANDEZ; SGT. VAUGHN; SHERIFF KEITH FERGUSON; DEPUTY STRICKLAND; CAPTAIN HUNTER PETRAY; LT. CARTER; DEPUTY LEROY; DEPUTY LOWTHER; DEPUTY GREEN; SGT. JESSEN; NURSE MARSHA SMITH; and DR. JOHN HUSKINS ORDER Now on this 16th day of March, 2010, For DEFENDANTS comes on for consideration County Defendants' Motion Summary Judgment (document #33) and the Report And Recommendation Of The Magistrate Judge (document #40), to which no objections have been made. The Court has carefully reviewed said Report And Recommendation, and finds that it is sound in all respects and should be adopted in toto. IT IS THEREFORE ORDERED that the Report And Recommendation Of The Magistrate Judge is adopted in toto. IT IS FURTHER ORDERED that, for the reasons stated in the Report And Recommendation Of The Magistrate Judge, County Defendants' Motion For Summary Judgment (document #33) is granted in part and denied in part. The motion is denied insofar as it seeks dismissal of plaintiff's claim of excessive force as against defendants Hernandez, Strickland, Lowther, Green, and Vaughn, and that claim is remanded to the Magistrate Judge for further proceedings. The motion is granted in all other respects, and all plaintiff's claims are dismissed except the excessive force claim. This includes all claims against defendants Ferguson, Petray, Carter, Leroy, Jessen, Smith, and Huskins. IT IS SO ORDERED. /s/ Jimm Larry Hendren JIMM LARRY HENDREN UNITED STATES DISTRICT JUDGE -2-

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