Parks v. Ferguson et al

Filing 53

ORDER ADOPTING 52 REPORT AND RECOMMENDATIONS, granting 50 Motion for Qualified Immunity and dismissing case with prejudice. Signed by Honorable Jimm Larry Hendren on February 6, 2012. (tg)

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
FAYETTEVILLE DIVISION
CARL JEFFREY PARKS

PLAINTIFF

v.

Civil No. 11-5006

SHERIFF KEITH FERGUSON;
JAIL ADMINISTRATOR ROBERT HOLLY;
JAIL DOCTOR JOHN HUSKINS;
DEPUTY STETTNISCH;
NURSE SMITH; and NURSE HARTGRAVES

DEFENDANTS

O R D E R
Now

on

this

6th

day

of

February,

2012,

comes

on

for

consideration the Report and Recommendation of the Magistrate Judge
(Doc. 52), to which no objections have been filed.

The Court, being

well and sufficiently advised, finds and orders as follows:
1.

Plaintiff is proceeding in this case pro se and in forma

pauperis.
2.

The Magistrate Judge held a pre-trial evidentiary hearing

on September 28, 2011, at which time she heard testimony from the
plaintiff and the defendants, as well as others.

The Eighth Circuit

has approved the use of a pre-trial evidentiary hearing to determine
whether a pro se inmate's § 1983 claim warrants a jury trial.

See

Johnson v. Bi-State Justice Ctr./Ark. Dep't Corrections, 12 F.3d
133, 135-36 (8th Cir. 1993) (internal citations omitted).
3.

After the hearing, the defendants filed a post-hearing

Motion for Qualified Immunity (Doc. 50).
to the motion.

Plaintiff did not respond

4.

On January 9, 2012, the Magistrate Judge filed her Report

and Recommendation in which she found that defendants were entitled
to qualified immunity; that there is no basis for liability on the
official capacity claims; and that the evidence did not present a
sufficient disagreement to require submission to a jury.

Therefore,

the Magistrate Judge recommends that this case be dismissed in its
entirety.
5.

The Court has reviewed the 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 (Doc. 52) is hereby adopted in toto.
IT IS FURTHER ORDERED that, for the reasons stated in the
Report

and

Recommendation

of

the

Magistrate

Judge

(Doc.

52),

defendant's Motion for Qualified Immunity (Doc. 50) is GRANTED.
IT IS FURTHER ORDERED that the Court adopts the Magistrate
Judge's finding that the evidence in this case does not present a
sufficient disagreement to require submission to a jury.

Therefore,

plaintiff's complaint is hereby DISMISSED WITH PREJUDICE.
IT IS SO ORDERED.
/s/Jimm Larry Hendren
HON. JIMM LARRY HENDREN
UNITED STATES DISTRICT JUDGE