Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Grady v. Kelley

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

October 5, 2018

ROMIE GRADY ADC #100730 PLAINTIFF
v.
WENDY KELLEY, Director, Arkansas Department of Correction; et al. DEFENDANTS

          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

         Romie Grady (“Plaintiff”), an inmate at the Varner Supermax Unit of the Arkansas Department of Correction (“ADC”), filed this action pro se and pursuant to 42 U.S.C. § 1983. (Doc. Nos. 1, 6.) He alleges Defendants, ADC and Varner Supermax officials, violated his Eighth and Fourteenth Amendment rights by subjecting him to excessive confinement in punitive isolation.[1] (Doc. No. 6 at 10-16.) Plaintiff seeks compensatory and punitive damages as well as injunctive relief. (Id. at 9, 15-16.)

         The remaining Defendants are Christopher Budnik, Kennie Bolden, James Plummer, Phillip Easaw, Flora Washington, and Cedric Foots. They have filed a Motion for Summary Judgment, contending they are entitled to judgment as a matter of law on Plaintiff's claims. (Doc. Nos. 68-70.) Plaintiff has responded (Doc. Nos. 74-75), and Defendants have replied (Doc. No. 77). This matter is now ripe for a decision. After careful review, and for the following reasons, I find summary judgment is appropriate and Plaintiff's claims should be DISMISSED.

         II. ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.