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Scott v. Tally

United States District Court, E.D. Arkansas, Western Division

January 23, 2015

EDDIE SCOTT, JR. #9501-13, PLAINTIFF
v.
TALLY, et al., DEFENDANTS

Eddie Scott, Jr, Plaintiff, Pro se, Camden, AR.

For G Hooker, Deputy, B-Shift Worker, Pulaski Cnty Jail, Jeff Allison, Detective, Hunter, Deputy, C Shift Guard, Shawn D Smith, Major, Shepard, Lt, Randy Morgan, Chief, Defendants: David M. Fuqua, Kaylen Suzanne Lewis, Kaylen Suzanne Lewis, Fuqua Campbell PA, Little Rock, AR.

PARTIAL RECOMMENDED DISPOSITION

BETH M. DEERE, UNITED STATES MAGISTRATE JUDGE.

I. Procedures for Filing Objections:

This Partial Recommended Disposition (" Recommendation") has been sent to United States District Judge J. Leon Holmes. You may file written objections to this Recommendation. If you file objections, they must be specific and must include the factual or legal basis for your objection.

Your objections must be received in the office of the United States District Court Clerk within fourteen (14) days of this Recommendation. The Clerk of Court will furnish a copy of your objections to the opposing parties.

If no objections are filed, Judge Holmes can adopt this Recommendation without independently reviewing the record. By not objecting, you may waive your rights to appeal.

Mail all objections to:

Clerk, United States District Court
Eastern District of Arkansas
600 West Capitol Avenue, Suite A149
Little Rock, AR 72201-3325

II. Discussion:

Eddie Scott, Jr., an Arkansas Department of Correction inmate formerly housed at the Pulaski County Detention Center, filed this lawsuit pro se under 42 U.S.C. § 1983. (Docket entry #2) Based on the allegations in his complaint and amended complaint, Mr. Scott has stated a failure-to-protect claim against Defendant Allen; a retaliation claim against Defendants Parson, Smith, Shepard, and Morgan; and a deliberate-indifference claim against Defendants Allen, Hooker, Hunter, Parson, Smith, Shepard, Morgan, and Allison.

The Court previously dismissed several of Mr. Scott's claims: Defendants' failure to process his grievances; the Defendants' interference with his access to the courts; and the Defendants' failure to conduct an internal investigation. (#20) In addition, Mr. Scott's claims against the Defendants in their official capacities were dismissed, as well as his claims against Defendants Tally, Newburn, Eckman, Jenkins, Brawley, Warner, and Best were dismissed. (#20)

Mr. Scott named Lieutenant Long as a Defendant in his amended complaint, but he has not described any unconstitutional conduct committed by this Defendant. For that reason, the Court recommends that Mr. Scott's claims against Defendant Long be dismissed without prejudice.


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