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)

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

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