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CLIFTON v. BAILEY, 3:15-cv-31-DPM-BD. (2015)

Court: District Court, E.D. Arkansas Number: infdco20150318a51 Visitors: 21
Filed: Mar. 17, 2015
Latest Update: Mar. 17, 2015
Summary: ORDER D. P. MARSHALL, Jr. , District Judge . Opposed partial recommendation, No. 6, adopted on de novo review. FED. R. CIV. P. 72(b)(3). Clifton's objection, No. 8, is overruled. Assuming that the defendants violated the facility's professional standards, challenging their actions is not a claim about a county policy or custom. Jenkins v. County of Hennepin, Minnesota, 557 F.3d 628 , 632 (8th Cir. 2009). Clifton's claims against all defendants in their official capacities are dismi
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ORDER

Opposed partial recommendation, No. 6, adopted on de novo review. FED. R. CIV. P. 72(b)(3). Clifton's objection, No. 8, is overruled. Assuming that the defendants violated the facility's professional standards, challenging their actions is not a claim about a county policy or custom. Jenkins v. County of Hennepin, Minnesota, 557 F.3d 628, 632 (8th Cir. 2009). Clifton's claims against all defendants in their official capacities are dismissed without prejudice. His § 1983 claims against the Mississippi County Detention Center are dismissed with prejudice because the jail can't be sued.

So Ordered.

Source:  Leagle

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