Dale v. Stephens et al

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
FORT SMITH DIVISION
JASON DALE 	PLAINTIFF
v. 	No. 2:24-cv-2053
FORMER SHERIFF JIMMY STEPHENS,
Johnson County, Arkansas;
SHERIFF TOM HUGHES,
Johnson County, Arkansas;
JAIL ADMINISTRATOR JACOB SCHOOK,
Johnson County Detention Center (“JCDC”);
SERGEANT JOHN GRIFFITH, JCDC;
CORRECTIONAL OFFICER CHAD QUEEN, JCDC;
CORRECTIONAL OFFICER JUSTICE CATO, JCDC; and
CORRECTIONAL OFFICER EMILY HANUSKA, JCDC,
Medical Care Supervisor 	DEFENDANTS
ORDER
The Court has received a report and recommendation (Doc. 6) from Chief United States
Magistrate Judge Mark E. Ford. The Magistrate Judge recommends on preservice screening under
28 U.S.C. § 1915A that Plaintiff be permitted to proceed on his individual capacity excessive force
claims against Defendants Stephens, Schook, Griffith, Queen, and Cato, that all other individual
capacity and all official capacity claims be dismissed without prejudice for failure to state a claim,
and that Defendants Hughes and Hanuska be terminated. The deadline to object to the Magistrate
Judge’s report and recommendation has passed, with no objections having been filed. The report
and recommendation is proper, contains no clear error, and is ADOPTED IN ITS ENTIRETY.
IT IS THEREFORE ORDERED that all of Plaintiff’s claims are DISMISSED WITHOUT
PREJUDICE except for Plaintiff’s individual capacity excessive force claims claims against
Defendants Stephens, Schook, Griffith, Queen, and Cato. Defendants Hughes and Hanuska are
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TERMINATED as parties to this case. 	The case remains referred to the Magistrate Judge for
further proceedings.
IT IS SO ORDERED this 27th day of June, 2024.
/s/P. K. Holmes , III
P.K. HOLMES, III
U.S. DISTRICT JUDGE
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