Stanley v. Gray et al

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
TEXARKANA DIVISION
ERIC ROMAR STANLEY 	PLAINTIFF
v. 	Case No. 4:22-cv-4036
CORPORAL GRAY; OFFICER SMITH; and
OFFICER MARTINEZ; 	DEFENDANTS
ORDER
Before the Court is a Report and Recommendation (“R&R”) submitted by the Honorable
Barry A. Bryant, United States Magistrate Judge for the Western District of Arkansas. ECF No.
103. 	Judge Bryant recommends that Separate Defendant Corporal Gray’s (“Gray”) Motion for
Summary Judgment (ECF No. 81) be granted in part and denied in part. Specifically, Judge Bryant
recommends that: 1) Plaintiff’s Count One alleging unconstitutional conditions of confinement
against Defendant Gray in his individual capacity be allowed to proceed, and 2) Plaintiff’s Count
Two alleging excessive force against Defendant Gray be dismissed with prejudice. Judge Bryant
also notes that Plaintiff has acknowledged that his Count Three claim is a reassertion of the other
two claims and thus Judge Bryant does not separately consider or evaluate Count Three.
No party has objected to the R&R, and the time to do so has passed. 	See 28 U.S.C. §
636(b)(1). Upon review, finding no clear error on the face of the record and that Judge Bryant’s
reasoning is sound, the Court adopts the R&R (ECF No. 103) in toto. Defendant Gray’s Motion
for Summary Judgment (ECF No. 81) is hereby GRANTED IN PART and DENIED IN PART.
Plaintiff’s Count One conditions of confinement claim against Defendant Gray in his individual
capacity may proceed. Plaintiff’s Count Two excessive force claim against Defendant Gray in his
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individual capacity is hereby DISMISSED WITH PREJUDICE. 	Plaintiff’s redundant Count
Three claim against Defendant Gray is hereby DISMISSED WITH PREJUDICE.
IT IS SO ORDERED, this 4th day of March, 2025.
/s/ Susan O. Hickey
Susan O. Hickey
Chief United States District Judge
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