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Aikens v. Hennigan

United States District Court, Eastern District of Arkansas, Western Division

December 2, 2014

ALVIN AIKENS, PLAINTIFF
v.
JAMES HENNIGAN, et al., DEFENDANTS

ORDER

The Court has reviewed the Proposed Findings and Partial Recommended Disposition submitted by United States Magistrate Judge H. David Young. No obj ections have been filed. After careful consideration, the Court concludes that the Proposed Findings and Partial Recommended Disposition should be, and hereby are, approved and adopted in their entirety as this Court's findings in all respects.

IT IS THEREFORE ORDERED THAT:

1. The motion for summary judgment filed by defendants Matthew Briggs, Charles Holladay, and Richard Murphy is granted in part and denied in part. Document #26.

2. Plaintiffs claims against all defendants in their official capacity are dismissed without prejudice.

3. All of plaintiff s claims against Holladay and Briggs are dismissed with prejudice, and Holladay and Briggs are removed as party defendants.

4. Plaintiffs inadequate medical care claims are dismissed with prejudice.

5. The motion is denied to the extent that plaintiff is allowed to proceed with his excessive force claims against defendants Hennigan and Murphy in their individual capacity only.


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