Bryan v. Whitaker, et al

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
FAYETTEVILLE DIVISION
DONALD STEVEN BRYAN 	PLAINTIFF
V. 	CASE NO. 5:23-CV-5238
MATTHEW WHITAKER,
Springdale Police Crime Prevention Task Force;
SERGEANT JOSH KIRMER,
Springdale Police Department (SPD);
OFFICER MITCHELL HAMMONS, SPD;
and OFFICER JOHN BILLINGSLEY, SPD 	DEFENDANTS
ORDER
Comes on for consideration the Report and Recommendation (“R&R”) (Doc. 55)
filed in this case on November 12, 2024, by the Honorable Mark E. Ford, United States
Magistrate Judge for the Western District of Arkansas. No party filed objections to the
R&R, and the time to file objections has now passed.
IT IS ORDERED that the R&R is ADOPTED IN ITS ENTIRETY. Therefore:
• 	the Motion for Judgment on the Pleadings (Doc. 39) is GRANTED IN PART
AND DENIED IN PART. Specifically, the Motion is GRANTED as to the
official 	capacity 	claims; 	the 	state 	law 	claims 	of 	assault 	and 	false
imprisonment; and the kidnapping claim; and
• 	the Motion to Dismiss (Doc. 44) is DENIED AS MOOT.
IT IS SO ORDERED on this 6th day of December, 2024.
/s/ Timothy L. Brooks
TIMOTHY L. BROOKS
UNITED STATES DISTRICT JUDGE
Case 5:23-cv-05238-TLB Document 63 Filed 12/06/24 Page 1 of 1 PageID #:
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