Cullen v. Garland County Sheriff's Department et al

Filing 44

ORDER adopting 40 Report and Recommendations and granting in part and denying in part 16 Motion for Summary Judgment. See Order for specifics. Signed by Honorable Robert T. Dawson on March 14, 2013. (adw)

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IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS HOT SPRINGS DIVISION JOHN PATRICK CULLEN PLAINTIFF v. Case No. 11-6042 GARLAND COUNTY, ARKANSAS; SHERIFF LARRY SANDERS; CHIEF DEPUTY RAY SHOPTAW; CAPTAIN MEL STEED and LT. RONNIE RADLEY DEFENDANTS ORDER Now on this 14th day of March 2013, there comes on for consideration the report and recommendation filed herein on February 13, 2013, by the Honorable James R. Marschewski, United States Magistrate Judge for the Western District of Arkansas. (Doc. 40). Also before the Court are Defendants’ objections (doc. 43). The court has reviewed this case de novo 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, Defendants’ Motion for Summary Judgment (doc. 16) is GRANTED IN PART AND DENIED IN PART. Defendants’ motion is granted as to Plaintiff’s claims for (1) the lack of TB lights; (2) the use of padlocks; (3) inadequacies in the grievance procedure; (4) failure to make copies; and (5) all official capacity claims; and these claims are DISMISSED WITH PREJUDICE. Plaintiff is directed to file an amended complaint identifying the AO72A (Rev. 8/82) individual involved and stating how he believes his constitutional rights were violated if he intends to assert a retaliation claim. IT IS SO ORDERED. /s/ Robert T. Dawson Honorable Robert T. Dawson United States District Judge AO72A (Rev. 8/82)

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