Russell v. Washington County Detention Center

Filing 75

ORDER ADOPTING 74 REPORT AND RECOMMENDATIONS and granting 55 Motion for Summary Judgment. Signed by Honorable P. K. Holmes, III on September 27, 2016. (tg)

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
FAYETTEVILLE DIVISION
JIMMY DWAYNE RUSSELL
v.

PLAINTIFF
Case No. 5:14-CV-05168

SHERIFF TIM HELDER; and
DR. NEIL MULLINS

DEFENDANTS
ORDER

Currently before the Court are the findings and recommendation (Doc. 74) of the
Honorable Erin L. Setser, United States Magistrate Judge for the Western District of Arkansas.
The Magistrate Judge conducted a hearing on December 3, 2015 to allow Plaintiff to testify in
response to Defendants’ motion for summary judgment, and conducted a supplemental hearing
on January 7, 2016. No objections have been filed.
After careful review, the Court finds that the Magistrate’s report contains no clear error
and that the findings and recommendations should be, and hereby are, approved and adopted as
this Court’s findings in all respects. The Magistrate Judge’s report makes extensive findings of
fact concerning Plaintiff’s claim of denial of adequate medical care. While the medical care
provided by the Defendants to the Plaintiff may have been deficient, it does not rise to a level of
deliberate indifference under constitutional standards that would subject the Defendants to
liability. Furthermore, Defendant Mullins is entitled to qualified immunity. The Court agrees
with the conclusions of law in the report and recommendation, and hereby adopts the report and
recommendation in its entirety.
Accordingly, IT IS ORDERED that Defendants’ motion for summary judgment
(Doc. 55) is GRANTED, and Plaintiff’s claims are DISMISSED WITH PREJUDICE.

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Judgment will be entered accordingly.
IT IS SO ORDERED this 27th day of September, 2016.

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

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