ELLIS v. RAWSON, 5:16-CV-00373 SWW/BD. (2017)
Court: District Court, E.D. Arkansas
Number: infdco20170406758
Visitors: 15
Filed: Mar. 28, 2017
Latest Update: Mar. 28, 2017
Summary: ORDER SUSAN WEBBER WRIGHT , District Judge . The Court has received a Partial Recommended Disposition ("Recommendation") filed by Magistrate Judge Beth Deere. After careful review of the Recommendation, Defendants' timely objections, 1 as well as a de novo review of the record, the Court concludes that the Recommendation should be, and hereby is, approved and adopted as this Court's findings in all respects. Defendants' motion to dismiss (#9) is GRANTED, in part, and DENIED, in part. M
Summary: ORDER SUSAN WEBBER WRIGHT , District Judge . The Court has received a Partial Recommended Disposition ("Recommendation") filed by Magistrate Judge Beth Deere. After careful review of the Recommendation, Defendants' timely objections, 1 as well as a de novo review of the record, the Court concludes that the Recommendation should be, and hereby is, approved and adopted as this Court's findings in all respects. Defendants' motion to dismiss (#9) is GRANTED, in part, and DENIED, in part. Mr..
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ORDER
SUSAN WEBBER WRIGHT, District Judge.
The Court has received a Partial Recommended Disposition ("Recommendation") filed by Magistrate Judge Beth Deere. After careful review of the Recommendation, Defendants' timely objections,1 as well as a de novo review of the record, the Court concludes that the Recommendation should be, and hereby is, approved and adopted as this Court's findings in all respects.
Defendants' motion to dismiss (#9) is GRANTED, in part, and DENIED, in part. Mr. Ellis's claims against Defendants in their official capacities are DISMISSED, with prejudice. Mr. Ellis may proceed on his claims against Defendants in their individual capacities.
IT IS SO ORDERED.
FootNotes
1. Defendants Rawson and Kirtley object to the recommended disposition, arguing for the first time that they are entitled to qualified immunity. Defendants may assert the defense of qualified immunity in a separate motion, but the affirmative defense cannot be raised by way of objections to partial recommendations that address completely separate issues.
Source: Leagle
