Rupert v. Boyd, 3:17-cv-92-DPM-JTR. (2018)
Court: District Court, E.D. Arkansas
Number: infdco20180521523
Visitors: 5
Filed: May 18, 2018
Latest Update: May 18, 2018
Summary: ORDER D.P. MARSHALL, JR. , District Judge . On de novo review, the Court adopts the partial recommendation, N o 50, as supplemented and overrules Rupert's objections, N o 51. FED. R. CIV. P. 72(b)(3). The Defendants withdrew their motion for summary judgment as to the April 2017 lockdown. N o 44 at 1. That slice of the motion is therefore denied as moot. Rupert may proceed with his due process claim arising from the 12 April 2017 lockdown. Rupert didn't file grievanc
Summary: ORDER D.P. MARSHALL, JR. , District Judge . On de novo review, the Court adopts the partial recommendation, N o 50, as supplemented and overrules Rupert's objections, N o 51. FED. R. CIV. P. 72(b)(3). The Defendants withdrew their motion for summary judgment as to the April 2017 lockdown. N o 44 at 1. That slice of the motion is therefore denied as moot. Rupert may proceed with his due process claim arising from the 12 April 2017 lockdown. Rupert didn't file grievance..
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ORDER
D.P. MARSHALL, JR., District Judge.
On de novo review, the Court adopts the partial recommendation, No 50, as supplemented and overrules Rupert's objections, No 51. FED. R. CIV. P. 72(b)(3). The Defendants withdrew their motion for summary judgment as to the April 2017 lockdown. No 44 at 1. That slice of the motion is therefore denied as moot. Rupert may proceed with his due process claim arising from the 12 April 2017 lockdown.
Rupert didn't file grievances about the two June 2017 lockdow ns. In his objections, he argues that those weren't issues he could raise through the jail's grievance policy. But Rupert is alleging that the lockdowns violated his due process rights; and the policy explicitly applies to conditions of confinement in general and violations of inmates' civil rights in particular. No 51 at 6. Defendants' motion for summary judgment, No 31, is therefore granted as to the two June 2017 lockdowns. Rupert's claims arising from those incidents are dismissed without prejudice for failure to exhaust.
So Ordered.
Source: Leagle
