Briley v. Taylor

          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 ...