Early v. Crockett (Majority)
Annotate this CaseAppellant, an inmate incarcerated in the Arkansas Department of Correction (ADC), filed a complaint against current or former members of the ADC, alleging violations of his civil rights, “failure to protect,” and assault, battery, and negligence. The circuit court dismissed Appellant’s complaint with prejudice, concluding that Appellant’s claims were barred by the doctrine of sovereign immunity and statutory immunity. The Supreme Court affirmed in part and reversed and remanded in part, holding that the circuit court (1) did not err in granting summary judgment to Appellees on Appellant’s claim under 42 U.S.C. 1983 against them in their official capacities in light of Appellant’s request for declaratory and injunctive relief; (2) erred in granting summary judgment to Appellees on Appellant’s failure-to-protect claim under 42 U.S.C. 1983 against Appellees in their individual capacities; and (3) did not err in granting Appellees summary judgment on Appellant’s negligence claim brought against Appellees in their individual capacities.
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