United States District Court, E.D. Arkansas, Pine Bluff Division
FINDINGS AND RECOMMENDATION INSTRUCTIONS
following proposed Findings and Recommendation have been sent
to United States District Judge James M. Moody, Jr. You may
file written objections to all or part of this
Recommendation. If you do so, those objections must: (1)
specifically explain the factual and/or legal basis for your
objection, and (2) be received by the Clerk of this Court
within fourteen (14) days of this Recommendation. By not
objecting, you may waive the right to appeal questions of
Divine Dedmon filed a complaint pursuant to 42 U.S.C. §
1983 on April 12, 2017, alleging that Defendants violated his
constitutional rights (Doc. No. 1). Defendants filed a motion
for summary judgment, a brief in support, and a statement of
facts claiming that Dedmon had not exhausted claims against
them before he filed this lawsuit (Doc. Nos. 12-14). Dedmon
did not file a response to the Defendants' motion.
Because Dedmon failed to controvert the facts set forth in
Defendants' statement of undisputed facts, Doc. No. 14,
those facts are deemed admitted. See Local Rule
56.1(c). The Defendants' statement, and the other
pleadings and exhibits in the record, establish that the
material facts are not in dispute and that Defendants are
entitled to summary judgment as a matter of law.
Standard of Review
Rule 56(c) of the Federal Rules of Civil Procedure, summary
judgment is proper “if the pleadings, depositions,
answers to interrogatories and admissions on file, together
with the affidavits, if any, show that there is no genuine
issue as to any material fact and that the moving party is
entitled to a judgment as a matter of law. Fed.R.Civ.P.
56(c); Celotex v. Catrett, 477 U.S. 317, 321 (1986).
When ruling on a motion for summary judgment, the court must
view the evidence in a light most favorable to the nonmoving
party. Naucke v. City of Park Hills, 284 F.3d 923,
927 (8th Cir. 2002). The nonmoving party may not rely on
allegations or denials, but must demonstrate the existence of
specific facts that create a genuine issue for trial.
Mann v. Yarnell, 497 F.3d 822, 825 (8th Cir. 2007).
The nonmoving party's allegations must be supported by
sufficient probative evidence that would permit a finding in
his favor on more than mere speculation, conjecture, or
fantasy. Id. (citations omitted). A dispute is
genuine if the evidence is such that it could cause a
reasonable jury to return a verdict for either party; a fact
is material if its resolution affects the outcome of the
case. Othman v. City of Country Club Hills, 671 F.3d
672, 675 (8th Cir. 2012). Disputes that are not genuine or
that are about facts that are not material will not preclude
summary judgment. Sitzes v. City of West Memphis,
Ark., 606 F.3d 461, 465 (8th Cir. 2010).
Dedmon was an inmate incarcerated in the Randall Williams
Correctional Facility in Pine Bluff, Arkansas. Doc. No. 1.
Defendants are employed by the Arkansas Department of
Correction (ADC) and are assigned to the Randall Williams
Correctional Facility. Id.
Dedmon did not sign his Complaint, nor did he certify its
authenticity or validity. Id.
Dedmon's Complaint was filed on April 12, 2017.
Dedmon appears to allege that Defendant Dodds sexually
harassed him during a pat-down search on September 19, 2016.
Doc. No. 1 at 4.
Dedmon alleges he reported the incident to non-party staff
members, and yet he signed documentation denying the incident
at a later date. Id.
September 25, 2016, Dedmon submitted an Informal Resolution,
in which he claimed Officer Dodds “grazed his but (sic)
in the wrong way.” Dedmon did not ...