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McArty v. Hobbs

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

April 8, 2015

RANDALL T. McARTY, ADC #101565 Plaintiff.
v.
RAY HOBBS, et al., Defendants,

PROPOSED FINDINGS AND RECOMMENDATIONS INSTRUCTIONS

JEROME T. KEARNEY, Magistrate Judge.

The following recommended disposition has been sent to United States District Judge J. Leon Holmes. Any party may serve and file written objections to this recommendation. Objections should be specific and should include the factual or legal basis for the objection. If the objection is to a factual finding, specifically identify that finding and the evidence that supports your objection. An original and one copy of your objections must be received in the office of the United States District Court Clerk no later than fourteen (14) days from the date of the findings and recommendations. The copy will be furnished to the opposing party. Failure to file timely objections may result in waiver of the right to appeal questions of fact.

If you are objecting to the recommendation and also desire to submit new, different, or additional evidence, and to have a hearing for this purpose before the District Judge, you must, at the same time that you file your written objections, include the following:

1. Why the record made before the Magistrate Judge is inadequate.

2. Why the evidence proffered at the hearing before the District Judge (if such a hearing is granted) was not offered at the hearing before the Magistrate Judge.

3. The detail of any testimony desired to be introduced at the hearing before the District Judge in the form of an offer of proof, and a copy, or the original, of any documentary or other non-testimonial evidence desired to be introduced at the hearing before the District Judge.

From this submission, the District Judge will determine the necessity for an additional evidentiary hearing, either before the Magistrate Judge or before the District Judge.

Mail your objections and "Statement of Necessity" to:

DISPOSITION

I. Introduction

Plaintiff Randall McArty is a state inmate incarcerated at the Ouachita River Unit of the Arkansas Department of Correction (ADC). He filed this pro se action pursuant to 42 U.S.C. ยง 1983, alleging Defendants failed to protect him from an attack by another inmate while he was incarcerated at the Maximum Security Unit in June, 2012. Plaintiff asks for monetary and injunctive relief.

This matter is before the Court on the Defendants' Motion for Summary Judgment (Doc. No. 50), to which Plaintiff responded (Doc. Nos. 57, 58). Pursuant to this Court's March 13, 2015 Order (Doc. No. 59), Defendants filed a Reply (Doc. No. 61), which directed them to provide to the Court, under seal, certain information as requested by Plaintiff (Doc. No. 64).

II. Complaint

In his Amended Complaint, Plaintiff states that in June, 2012, he was classified as a medium-security inmate and was housed in an open dormitory-style barracks with high security inmates and gang members. (Doc. No. 5, p. 14) He reported the theft of his radio to Defendant Callaway the beginning of the month, and submitted a stolen property report. (Id., p. 14) Defendants Williams and Outlaw also were aware of the incident, and Outlaw and Straughn reviewed the video of the date of the incident to determine the identity of the thief. (Id., p. 15) After the incident, however, Plaintiff was not moved to another barracks. (Id.)

Soon after Plaintiff filed the stolen property report, Defendants Straughn, Outlaw, and Williams, ordered that urinalysis tests be conducted on six gang member inmates who were housed in his barracks, which caused Plaintiff to look like an informant. (Id., pp. 16-18) As a result, on June 14, 2012, Plaintiff was beaten while he slept, by inmate Brian Winston, resulting in permanent physical injury. (Id., pp. 19-20)

Officer Owens was the sole guard for four open dormitories on the date of the attack and Defendant Adkins was the immediate area supervisor. (Id., pp. 20-21) Plaintiff claims the open dormitories were understaffed and in violation of Smith v. Lockhart, 103 F.3d 637 (8th Cir. 1996). (Id., p. 22) He asks for monetary relief from Defendants, together with an ...


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