Reign v. Barton

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF ARKANSAS DELTA DIVISION ISAIAH REIGN PLAINTIFF ADC #129908 v. CASE NO. 2:21-CV-00140-BSM-ERE ROOSEVELT BARTON, Captain, East Arkansas Regional Unit, et al. DEFENDANTS ORDER After de novo review of the record, United States Magistrate Edie R. Ervin’s proposed findings and partial recommendation [Doc. No. 18] is adopted. Defendants’ motion for judgment on the pleadings [Doc. No. 7] is granted in part, and denied in part. Isaiah Reign’s claims for money damages against all defendants in their official capacity are dismissed with prejudice. See Hafer v. Melo, 502 U.S. 21, 26 (1991) ([N]either a State nor its officials acting in their official capacities are ‘persons’ under § 1983") (quoting Will v. Michigan Dep't. of State Police, 491 U.S. 58, 71) (1971)). Reigns’s claims for excessive force against Roosevelt Barton and Tevin Smith in their individual capacities are allowed to proceed.

Reigns’s failure-to-protect clams against Cameran Moore, Dennis Ugbaji, Leavy Watson, Terrance Daniels, and Carla Akins in their individual capacities are also allowed to proceed.

IT IS SO ORDERED this 21st day of December, 2021.

UNITED STATES DISTRICT JUDGE