United States District Court, E.D. Arkansas, Pine Bluff Division
Ruffin, Plaintiff, Pro Se.
Felix, Defendant, represented by Dan F. Bufford, Laser Law
Firm, P.A., James D. Burns, Laser Law Firm, P.A. & Ryne H.
Ballou, Laser Law Firm, P.A..
Limb and Brace Company, Defendant, represented by Dan F.
Bufford, Laser Law Firm, P.A., James D. Burns, Laser Law
Firm, P.A. & Ryne H. Ballou, Laser Law Firm, P.A..
DEERE, Magistrate Judge.
Procedures for Filing Objections:
Recommended Disposition ("Recommendation") has been
sent to Judge James M. Moody Jr. A party to this suit may
file written objections with the Clerk of Court within
fourteen (14) days of filing of the 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.
objecting, any right to appeal questions of fact may be
jeopardized. And, if no objections are filed, Judge Moody can
adopt this Recommendation without independently reviewing the
Ray Ruffin, formerly an inmate at the Varner Supermax Unit of
the Arkansas Department of Corrections ("ADC"),
filed this 42 U.S.C. Â§ 1983 lawsuit claiming that the
Defendants York, Norris, Griffin, and Felix were deliberately
indifferent to his serious medical needs. He also included
pendent state claims for medical malpractice and negligence
against Defendants Felix and Felix Limb and Brace Company.
(Docket entry #2)
Court has already dismissed Mr. Ruffin's claims against
Defendants Griffin, Norris, and York based on his failure to
exhaust his administrative remedies. (#62) The remaining
Defendants, Leland Felix and Felix Limb and Brace Company
("Felix Defendants"), have now moved for summary
judgment. They argue they are not liable under either 42
U.S.C. Â§ 1983 or the Arkansas Medical Malpractice Act. They
further contend that they were not negligent. (#80) Mr.
Ruffin contends that there are material facts in dispute and
that he should be allowed to proceed on his remaining claims.
judgment means that the court rules in favor of a party
without the need for a trial. A party is entitled to summary
judgment if the evidence, viewed in the light most favorable
to the party on the other side of the lawsuit, shows that
there is no genuine dispute as to any fact that is important
to the outcome of the case. FED.R.CIV.P. 56; Celotex
Corp. v. Catrett,477 U.S. 317, ...