Dorn v. Kelley et al, No. 4:2020cv00903 - Document 28 (E.D. Ark. 2021)

Court Description: ORDER adopting in part and declining to adopt in part 8 Proposed Findings and Recommendations; allowing Plaintiff to proceed with his due process claims against Mr. Waddle, Mr. Byers, Mr. Naylor, Mr. Payne, and Mr. Straughn in this action; and dismissing without prejudice Plaintiff's claims against Ms. Kelley, Ms. Minor, Ms. Bannister, Ms. McCoy, and Ms. Scott. Signed by Judge Kristine G. Baker on 1/29/2021. (jbh)

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Dockets.Justia.com et al. The Court has received Proposed Findings and Recommendations from United States Magistrate Judge Jerome T. Kearney entered October 1, 2020 (Dkt. No. 8). Dorn filed timely objections (Dkt. No. 13). Plaintiff Kenneth After a review of those Proposed Findings and Recommendations, and the timely objections received thereto, as well as a de novo review of the record, the Court adopts in part and declines to adopt in part the Proposed Findings and Recommendations. The Proposed Findings and Recommendations recommend that Mr. Dorn’s due process claims against defendants Keith Waddle, Jared Byers, Raymond Naylor, Dexter Payne, and William Straughn be dismissed without prejudice and that Mr. Dorn’s claims against defendants Wendy Kelley, Justine Minor, Terri Bannister, Dana McCoy, and LaSonya Scott be dismissed without prejudice for failure to state a claim upon which relief may be granted. Mr. Dorn objected to the dismissal of his due process claims and argued that “the actions of Defendants Dorn v. Kelley et al Doc. 28 Keith Waddle, Jared Byers, Raymond Naylor and Dexter Payne were in direct relation to the actions of Defendants Jonnie Barton, Richard Clark and Claudia Harris by allowing and upholding a wrongful and unlawful disciplinary and disciplinary process” (Dkt. No. 13, at 1). On review of the record, the Court agrees that Mr. Dorn’s due process claims are related to his excessive force claims; Judge Kearney’s recommendation with respect to those claims is not adopted. In his amended complaint, Mr. Dorn alleges that, on July 30, 2020, Mr. Barton used excessive force against him and that, as a result of this incident, he was subjected to a disciplinary process in violation of his due process rights (Dkt. No. 6, at 5–6). Mr. Dorn may proceed with his due process claims against Mr. Waddle, Mr. Byers, Mr. Naylor, Mr. Payne, and Mr. Straughn in this action, as those claims are related to the underlying allegations regarding excessive force that are allowed to proceed. The Court dismisses without prejudice Mr. Dorn’s claims against Ms. Kelley, Ms. Minor, Ms. Bannister, Ms. McCoy, and Ms. Scott for failure to state a claim upon which relief may be granted; that recommendation is adopted. Accordingly, the Court adopts in part and declines to adopt in part the Proposed Findings and Recommendations (Dkt. No. 8). It is so ordered this 29th day of January, 2021. _______________________________ Kristine G. Baker United States District Judge 2

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