Terry v. Guiltner, 1:18-cv-81-DPM-BD. (2018)
Court: District Court, E.D. Arkansas
Number: infdco20181218899
Visitors: 17
Filed: Dec. 17, 2018
Latest Update: Dec. 17, 2018
Summary: ORDER D.P. MARSHALL, JR. , District Judge . 1. On de nova review, the Court adopts Magistrate Judge Deere's partial recommendation, N o 5, as supplemented and overrules Terry's objections, N o 8. FED. R. Crv. P. 72(b)(3). The supplement: The facts alleged in Terry's complaint don't support a conspiracy claim under 1985 or 1986. Rouse v. Benson, 193 F.3d 936 , 943 (8th Cir. 1999). And his complaint doesn't allege the type of deliberate indifference or tacit authorizati
Summary: ORDER D.P. MARSHALL, JR. , District Judge . 1. On de nova review, the Court adopts Magistrate Judge Deere's partial recommendation, N o 5, as supplemented and overrules Terry's objections, N o 8. FED. R. Crv. P. 72(b)(3). The supplement: The facts alleged in Terry's complaint don't support a conspiracy claim under 1985 or 1986. Rouse v. Benson, 193 F.3d 936 , 943 (8th Cir. 1999). And his complaint doesn't allege the type of deliberate indifference or tacit authorizatio..
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ORDER
D.P. MARSHALL, JR., District Judge.
1. On de nova review, the Court adopts Magistrate Judge Deere's partial recommendation, No 5, as supplemented and overrules Terry's objections, No 8. FED. R. Crv. P. 72(b)(3). The supplement: The facts alleged in Terry's complaint don't support a conspiracy claim under § 1985 or § 1986. Rouse v. Benson, 193 F.3d 936, 943 (8th Cir. 1999). And his complaint doesn't allege the type of deliberate indifference or tacit authorization required to hold Warden Williams or Director Kelley liable based on their supervisory positions. Tlamka v. Serrell, 244 F.3d 628, 635 (8th Cir. 2001).
2. Terry's excessive force claim against Guiltner and Walker goes forward. All other claims and Defendants are dismissed without prejudice.
3. The Court directs the Clerk to send Terry copies of his in forma pauperis application and complaint, No 1 & No 2, with a copy of this Order.
So Ordered.
Source: Leagle
