Vasquez-Sanchez v. Pruitt et al

Filing 32

ORDER ADOPTING 25 REPORT AND RECOMMENDATIONS granting in part and denying in part 17 Motion for Summary Judgment. Signed by Honorable Jimm Larry Hendren on September 20, 2010. (src)

Vasquez-Sanchez v. Pruitt et al

Doc. 32

IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS FAYETTEVILLE DIVISION MARCELO VASQUEZ-SANCHEZ v. Civil No. 09-5105 PLAINTIFF

DEPUTY PRUITT; DR. HUSKINS; CAPTAIN HUNTER PETRAY; and SHERIFF KEITH FERGUSON ORDER Now on this 20th day of September, 2010,

DEFENDANTS

come

on

for

consideration defendants' Motion For Summary Judgment (document #17) and the Report And Recommendation Of The Magistrate Judge (document #25), to which no objections have been made, 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 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, defendants' Motion For Summary Judgment (document #17) is granted in part and denied in part. The motion is granted insofar as it seeks dismissal of plaintiff's claims that defendants Ferguson and Petray are liable in a supervisory capacity for his claims related to the use of excessive force by defendant Pruitt, and those claims are

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dismissed with prejudice. The motion is denied in all other respects, and the matters remaining for adjudication are remanded to the Magistrate Judge for further proceedings. IT IS SO ORDERED. /s/ Jimm Larry Hendren JIMM LARRY HENDREN UNITED STATES DISTRICT JUDGE

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