King v. Washington County Detention Center et al

Filing 47

ORDER ADOPTING REPORT AND RECOMMENDATIONS 46 ; ORDER granting in part and denying in part 29 Motion for Summary Judgment; Sheriff Tim Helder, Jennings, Arnold and Cambron terminated.. Signed by Honorable Timothy L. Brooks on August 6, 2015. (rg)

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IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS FAYETTEVILLE DIVISION DAYTRA LASHAWN KING V. PLAINTIFF CASE NO. 5:14-CV-5083 SERGEANT ARNOLD; SERGEANT WHITTINGTON; LIEUTENANT CAMBRON; CORPORAL JENNINGS; WASHINGTON COUNTY, ARKANSAS; and SHERIFF TIM HELDER DEFENDANTS ORDER Comes on for consideration the Report and Recommendation (Doc. 46) filed in this case on May 26, 2015, by the Honorable Erin L. Setser, 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. 29) is GRANTED IN PART and DENIED IN PART. The Motion is GRANTED as to the following claims, which are DISMISSED WITHOUT PREJUDICE: (1) Plaintiff's claim regarding the smoke alarms, the mold, and insect problems; (2) Plaintiff's claim about racial slurs, harassment, and the failure of Defendants to protect her from Griffin; (3) the retaliation claim; (4) the inadequate grievance procedure claim; (5) the discrimination claim; (6) the exposure to AIDS claim; (7) all official capacity claims; and (8) all individual capacity claims against Sheriff Helder. This dismisses all claims asserted against Sheriff Helder, Sergeant Arnold, Lieutenant Cambron, and Corporal Jennings. The Motion is DENIED with respect to the Plaintiff's claim that Sergeant Whittington 2

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