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Gardner v. Straughn

United States District Court, E.D. Arkansas, Pine Bluff Division

October 15, 2014

WALLACE A. GARDNER, ADC #170784, Plaintiff,
v.
WILLIAM STRAUGHN, et al., Defendants.

RECOMMENDED DISPOSITION

BETH DEERE, Magistrate Judge.

I. Procedures for Filing Objections

This Recommended Disposition ("Recommendation") has been sent to United States District Judge D.P. Marshall Jr. Mr. Gardner-or any party-may file written objections to this Recommendation.

Objections must be specific and must include the factual or legal basis for the objection. An objection to a factual finding must identify the finding of fact believed to be wrong and describe the evidence that supports that belief.

An original and one copy of your objections must be received in the office of the United States District Court Clerk within fourteen (14) days of this Recommendation. A copy will be furnished to the opposing party.

If no objections are filed, Judge Marshall can adopt this Recommendation without independently reviewing all of the evidence in the record. By not objecting, you may also waive any right to appeal questions of fact.

Mail your objections to:

II. Introduction

Plaintiff Wallace A. Gardner, an Arkansas Department of Correction ("ADC") inmate, filed this lawsuit pro se under 42 U.S.C. ยง 1983, complaining that in February 2013, he was placed in a cell that had recently been damaged by fire, and that the cell had not been adequately cleaned. He claims that he suffered health problems as a result of his conditions of confinement. Mr. Gardner also complains that he was improperly held in isolation following the reversal of his disciplinary conviction.

Defendants have filed a motion for summary judgment. (Docket entry #68) Mr. Gardner has responded to the motion. (#73, #74, #75, #76) For the reasons set out below, the motion for summary judgment (#68) should be GRANTED.[1]

III. Undisputed Facts

On January 11, 2013, inmate E. Akins (not a party to this lawsuit) was transferred to East Isolation Cell 17. Later day that day, he started a fire in his cell. Inmate Akins was then taken out of that cell, and the cell was cleaned.

On January 17, 2013, inmate D. Page (not a party to this lawsuit) was transferred to East Isolation Cell 17. Inmate Page remained housed in Cell 17 for a month.

On February 19, 2013, Mr. Gardner was transferred to East Isolation Cell 17 as a result of a disciplinary conviction. (#69-2 at p.6) He appealed that conviction, and on March 4, 2013, his conviction was reversed. (#69-4 at p.7) On March 11, 2013, Mr. Gardner was moved into East Isolation ...


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