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)

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)