Scharnhorst v. Cantrell et al

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
FAYETTEVILLE DIVISION
JOHN WILLIAM SCHARNHORST, III 	PLAINTIFF
V. 	CASE NO. 5:22-CV-5238
CHIEF DEPUTY JAY CANTRELL;
CORPORAL CAUDLE;
CORPORAL DOMINICK NUNZIATO;
DEPUTY FRYE; DEPUTY BECK;
DEPUTY DRUMRIGHT; DEPUTY BILBREY;
and DEPUTY MARTINEZ 	DEFENDANTS
ORDER
Comes on for consideration the Report and Recommendation (“R&R”) (Doc. 74)
filed in this case on July 11, 2024, by the Honorable Christy Comstock, 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 THEREFORE ORDERED that the R&R is ADOPTED IN ITS ENTIRETY and
Defendants’ Motion for Summary Judgment (Doc. 34) is GRANTED IN PART AND
DENIED IN PART as follows: Plaintiff’s individual capacity claims against Defendants
Nunziato, Martinez, Bilbrey, Beck, Drumright, and Fry for allegedly spreading feces and
urine in his cell is DENIED, but the Motion is otherwise GRANTED in all respects.
Defendants are further ORDERED to submit a supplemental motion for summary
judgment as described in the R&R, and Plaintiff will be directed to respond.
IT IS SO ORDERED on this 30th day of July, 2024.
/s/ Timothy L. Brooks
TIMOTHY L. BROOKS
UNITED STATES DISTRICT JUDGE
Case 5:22-cv-05238-TLB Document 75 Filed 07/30/24 Page 1 of 1 PageID #:
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