Thomas v. Wilkins et al

Filing 117

ORDER ADOPTING 116 REPORT AND RECOMMENDATIONS and granting in part and denying in part 81 Motion for Summary Judgment. Defendants Long, Riley, Bowmen and Killpatrick terminated. Signed by Honorable Timothy L. Brooks on August 6, 2015. (tg)

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IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS FAYETTEVILLE DIVISION SAMUEL LEWIS THOMAS V. PLAINTIFF CASE NO. 5:13-CV-5246 DEPUTY WILKINS; DEPUTY RILEY; DEPUTY BOWMEN; DEPUTY KILLPATRICK; DEPUTY LONG; and SGT. LARA DEFENDANTS ORDER Comes on for consideration the Report and Recommendation (Doc. 116) filed in this case on June 19, 2015, by the Honorable Mark E. Ford, United States Magistrate for the Western District of Arkansas. Fourteen (14) days have passed without objections being filed by the parties. The Court has reviewed this case and, being well and sufficiently advised, finds as follows: the Report and Recommendation is proper and should be and hereby is ADOPTED IN ITS ENTIRETY. Accordingly, for the reasons stated in the Magistrate Judge's Report and Recommendation, Defendants' Motion for Summary Judgment (Doc. 81) is GRANTED IN PART and DENIED IN PART. The Motion is GRANTED as to the following claims, which are DISMISSED WITHOUT PREJUDICE: (1) all claims against Defendants Riley, Bowmen, Kilpatrick, and Long; (2) all official capacity claims; (3) the unlawful detainment claims; (4) the wrongful placement and continued detention in segregation claims; and (5) all harassment, verbal abuse, and discrimination claims. The Motion is DENIED with respect to the excessive force claims asserted against Defendants Lara and Wilkins arising out of incidents occurring on September 5, 2013. These claims will be set for trial by sep l IT IS SO ORDERED on this 6• te order. day of A4 gust, 2015. OKS S DISTRICT JUDGE 2

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