United States District Court, E.D. Arkansas, Pine Bluff Division
PROPOSED FINDINGS AND RECOMMENDATIONS
JOE J.
VOLPE, UNITED STATES MAGISTRATE JUDGE
INSTRUCTIONS
The
following recommended disposition has been sent to United
States District Judge James M. Moody, Jr. 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 (if such a
hearing is granted) was not offered at the hearing before the
Magistrate Judge.
3. The details of any testimony desired to be introduced at
the new hearing 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 new hearing.
From
this submission, the District Judge will determine the
necessity for an additional evidentiary hearing. Mail your
objections and “Statement of Necessity” to:
Clerk, United States District Court Eastern District of
Arkansas 600 West Capitol Avenue, Suite A149 Little Rock, AR
72201-3325
DISPOSITION
I.
INTRODUCTION
Eddie
Briley (“Plaintiff”), currently incarcerated at
the Delta Regional Unit of the Arkansas Department of
Correction (“ADC”), filed this action pro
se and pursuant to 42 U.S.C. § 1983. (Doc. No. 1.)
He alleges Defendant T. Taylor, [1] a deputy at the W.C.
“Dub” Brassell Adult Detention Center, subjected
him to excessive force during his incarceration there and
then continued to “antagonize and provoke” him in
the days following.[2] (Id. at 2-4.) Plaintiff seeks
compensatory and punitive damages. (Id. at 7.)
Defendant Taylor has filed a Motion for Summary Judgment,
contending he is entitled to judgment as a matter of law on
Plaintiff's claims. (Doc. Nos. 35-39.) Plaintiff has not
responded, and the time for doing so has passed. After
careful review, and for the following reasons, I find summary
judgment is appropriate and Plaintiff's claims should be
DISMISSED.
II.
FACTS
According
to Plaintiff's Complaint, he was served a meal tray with
a dirty spoon on it. (Doc. No. 1 at 2.) He notified Defendant
Taylor, who offered to get Plaintiff a new spoon; however,
Plaintiff turned this offer down, saying the dirty spoon had
contaminated his entire tray and he needed a new tray.
(Id.) Defendant Taylor refused and slammed the pod
door. (Id.) While Plaintiff spoke with other
officials about the problem through the pod door, Defendant
Taylor came over, yelled at Plaintiff, pointed his mace in
Plaintiff's face, and told Plaintiff to move away from
the door. (Id. at 2-3.) When Plaintiff refused,
Defendant Taylor pushed him with one hand and sprayed him
with the other. (Id. at 3.) Plaintiff acknowledges
he began throwing meal trays and yelled “now go get the
Lieutenant cause I ain't going nowhere.”
(Id.) Defendant Taylor threw a tray back at
Plaintiff, yelled at him, and slammed the pod door.
(Id.)
Plaintiff
says Lieutenant Hunter came into the pod and began escorting
Plaintiff out, with her hand on his left bicep.
(Id.) Defendant Taylor came in behind Lieutenant
Hunter, yelling at Plaintiff, “belligerently
charging” into him, grabbing and pulling as if he were
trying to fight him, “all while spraying his
mace.” (Id.) Lieutenant Hunter escorted
Plaintiff out of the pod while trying to keep Defendant
Taylor from attacking him. (Id.) Plaintiff alleges
his ...