Smith v. Faubus et al
ORDER ADOPTING REPORT AND RECOMMENDATIONS and granting in part and denying in part 32 Motion for Summary Judgment; granting in part and denying in part 38 Motion for Summary Judgment; T. Faubus (Springdale Police Department) dismissed with prejudice. Signed by Honorable Jimm Larry Hendren on July 15, 2013. (tg)
IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
LEON MICHAEL SMITH
Civil No. 11-5273
CPL. T. FAUBUS, Springdale
Police Department; and OFFICER
ARTHUR, Springdale Police
O R D E R
consideration the Report And Recommendation Of The Magistrate
Judge (document #49), to which no objections have been made, 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 #32) and Defendants’ Amended
Motion For Summary Judgment (document #38) are granted in part and
denied in part.
The motions are granted insofar as they seek dismissal of all
claims asserted against Cpl. T. Faubus, and all official capacity
claims, and those claims are hereby dismissed with prejudice.
The motions are denied insofar as they seek dismissal of the
individual capacity claim against Office Arthur, and this claim
will be scheduled for jury trial at the Court’s convenience.
IT IS SO ORDERED.
/s/ Jimm Larry Hendren
JIMM LARRY HENDREN
UNITED STATES DISTRICT JUDGE
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