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)

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

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