Smith v. Faubus et al

Filing 51

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)

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IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS FAYETTEVILLE DIVISION LEON MICHAEL SMITH PLAINTIFF v. Civil No. 11-5273 CPL. T. FAUBUS, Springdale Police Department; and OFFICER ARTHUR, Springdale Police Department DEFENDANTS O R D E R Now on this 15th day of July, 2013, comes on for consideration the Report And Recommendation Of The Magistrate Judge (document #49), 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 #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 -2-

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