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;
OFFICER MARTINEZ; CAPTAIN ADAMS;
and WARDEN WALKER 	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.
89. Judge Bryant recommends that Defendants’ Motion for Summary Judgment (ECF No. 53)
and Supplement (ECF No. 77) be granted in part and denied in part. Specifically, Judge Bryant
recommends that:
1. 	Summary judgment be denied regarding Plaintiff’s conditions of confinement claim
against Defendants Officer Smith, Officer Martinez, and Officer Gray in their
individual capacities.
2. 	Summary judgment be denied regarding Plaintiff’s excessive force claim against
Defendant Corporal Gray in his individual capacity.
3. 	Summary judgment be granted regarding all other claims. 	This includes the official
capacity claims against all Defendants, and the individual capacity claims against
Defendants Warden Walker (“Walker”) and Captain Adams (“Adams”). Walker and
Adams should thus be dismissed from this matter entirely.
No party has filed an objection to the R&R, and the time to do so has passed. See 28 U.S.C. §
636(b)(1).
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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. 89) in toto. 	Defendant’s Motion for
Summary Judgment (ECF No. 53) and Supplement (ECF No. 77) is hereby GRANTED IN PART
and DENIED IN PART. Plaintiff’s conditions of confinement claim against Defendants Officer
Smith, Officer Martinez, and Officer Gray in their individual capacities may proceed. Plaintiff’s
excessive force claim against Defendant Corporal Gray in his official capacity may proceed.
Plaintiff’s official capacity claims against all Defendants are hereby DISMISSED WITH
PREJUDICE. Plaintiff’s claims against Defendants Adams and Walker are hereby DISMISSED
WITH PREJUDICE. Defendants Walker and Adams are dismissed from this matter.
IT IS SO ORDERED, this 10th day of September, 2024.
/s/ Susan O. Hickey
Susan O. Hickey
Chief United States District Judge
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