Bradford v. Avery et al

Filing 80

ORDER Adopting 73 Report and Recommendations granting in part and denying in part 44 Motion for Summary Judgment (See Order Text). Telephonic Status Conference set for 2/9/2018 10:00 AM before Chief Magistrate Judge CJ Williams. Signed by Judge Mark W Bennett on 1/26/2018. (des)

IN THE UNITED STATES DISTRI CT COURT
FOR THE NORTHERN DISTRICT OF IOWA
CEDAR RAPIDS DIVISION
JAQUAN BRADFORD,
No. C14-131-MWB
Plaintiff,
vs.
IIONA AVERY, JOAN GERBO,
ROBERT HENDRICKS, and DEBORAH
HANUS,
Defendants.

ORDER ADOPTING REPORT AND
RECOMMENDATION
CONCERNING DEFENDANTS’
MOTION FOR SUMMARY
JUDGMENT

___________________________
Plaintiff JaQuan Bradford, who was formerly civilly committed to the Iowa
Juvenile Home (“IJH”) for over two years as a child in need of assistance, brought this
action for compensatory and punitive damages under 42 U.S.C. § 1983. Bradford alleges
that defendants violated his Fourth, Eighth, and Fourteenth Amendment rights by
subjecting Bradford to lengthy periods of solitary confinement resulting in mental and
physical injury, and denying him adequate schooling. Defendants moved for summary
judgment.
The Honorable Edward J. McManus, United States District Court Judge, granted
defendants’ motion for summary judgment. Bradford appealed. The Eighth Circuit
Court of Appeals reversed and remanded with instructions to conduct a “more thorough
review of defendants’ motion for summary judgment.” Bradford v. Palmer, 855 F.3d
890, 893 (8th Cir. 2017). On remand, this case was reassigned to me. 1

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Judge McManus passed away on March 20, 2017, while the case was on appeal.

After the case was reassigned, I referred defendants’ motion for summary
judgment, pursuant to 28 U.S.C. § 636(b)(1)(B), to Chief United States Magistrate Judge
C.J. Williams. Judge Williams subsequently issued a Report and Recommendation
recommending that I grant in part and deny in part defendants’ motion for summary
judgment. Judge Williams recommends a trial on Bradford’s seclusion and deprivation
of an education claims. Judge Williams further concludes that Bradford’s generation of
genuine issues of material fact, on his seclusion and deprivation of education claims,
precludes summary judgment on the issue of damages.

Judge Williams further

recommends that I deny defendants’ motion for summary judgment with respect to
defendants’ statute of limitations defense and claims of qualified immunity on the issues
of seclusion and deprivation of education. Judge Williams also recommends that I grant
qualified immunity on the issue of sexual abuse and on the question of defendants’
personal responsibility for Bradford’s sexual abuse and arm injury.
Defendants have filed objections to the Report and Recommendation. Given the
nature of defendants’ objections, I have reviewed the record de novo, see 28 U.S.C.
§ 636(b)(1)(C), and conclude that the Report and Recommendation is correct in all
respects. Therefore, I accept the Report and Recommendation and grant in part and deny
in part defendants’ motion for summary judgment (docket no. 44) as outlined above.
A telephonic status conference is scheduled with Chief Magistrate Judge Williams
for Friday, February 9, 2018, at 10:00 a.m. The parties will access the hearing by:
(1) calling 888-684-8852; (2) enter access code 4670058#; (3) Press # to enter as a
participant; (4) enter security code 5825#.

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IT IS SO ORDERED
DATED this 26th day of January, 2018.

___________________________________
MARK W. BENNETT
U.S. DISTRICT COURT JUDGE
NORTHERN DISTRICT OF IOWA

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