Spurgeon v. Washington County Detention Center et al

Filing 34

ORDER adopting 33 Report and Recommendations ; granting in part and denying in part 16 25 Motions to Dismiss. Signed by Honorable P. K. Holmes, III on July 31, 2014. (src)

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
FAYETTEVILLE DIVISION
MONTIE L. SPURGEON
v.

PLAINTIFF
Case No. 5:13-CV-05289

SGT. MUGGEY; CPL. SORREL; DEPUTY
MCGUAL; and CORPORAL MULVANEY

DEFENDANTS

ORDER
Currently before the Court are the proposed findings and recommendations (Doc. 33) filed
in this case on July 3, 2014, by the Honorable Erin L. Setser, United States Magistrate Judge for the
Western District of Arkansas. The time for filing objections has passed, and no objections have been
filed by any party.
The Court has reviewed this case and finds that the report and recommendation is proper,
contains no clear error, and should be and hereby is ADOPTED IN ITS ENTIRETY. Accordingly,
for the reasons stated in the Magistrate’s report and recommendations, IT IS ORDERED that
Defendants’ motions to dismiss (Docs. 16 and 25) are GRANTED IN PART and DENIED IN
PART. The motions are GRANTED insofar as all official capacity claims, claims that Plaintiff was
publicly humiliated, and claims based on failure to file charges against Robert Randall are
DISMISSED WITH PREJUDICE. The motions are DENIED as to Plaintiff’s failure-to-protect
claims and Defendants’ assertions that they are entitled to qualified immunity on such claims.
IT IS SO ORDERED this 31st day of July, 2014.

/s/P. K. Holmes, III
P.K. HOLMES, III
CHIEF U.S. DISTRICT JUDGE