Camarillo v. Kilpatrick et al

Filing 22

ORDER ADOPTING 21 REPORT AND RECOMMENDATIONS and granting in part and denying in part 15 Motion for Partial Summary Judgment. Signed by Honorable Timothy L. Brooks on April 27, 2017. (tg)

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
FAYETTEVILLE DIVISION

PLAINTIFF

MANUEL PATRICK CAMARILLO

v.

CASE NO. 5:15-CV-5282

SERGEANT KILPATRICK; and
DEPUTY ADRIAN RIVERO

DEFENDANTS

ORDER

Now pending before the Court is the Report and Recommendation (Doc. 21) filed
in this case on February 23 , 2017 , by the Honorable Mark E. Ford , United States
Magistrate Judge 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.
15) is GRANTED IN PART and DENIED IN PART. The claims against Deputy Rivero
stemming from his actions in D pod should be dismissed . Further, all official capacity
claims should be dismissed . This leaves for later resolution : (1) the individual capacity
claims against Deputy Rivero stemming from his actions in B pod control and his actions
occurring during his escort of Plaintiff to E pod on November 1, 2015 ; and , (2) the
individual capacity claims against Sergeant Kilpatrick stemming from the June 11 , 2015
incident. This matter will be set for trial.

The Clerk of Court is directed to mail copies of this Order and the Magistrate
Judge's Report and Recommendation (Doc. 21) to Plaintiff Camarillo at his address of

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IT IS SO ORDERED on this

~1

day of April,

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