Opinion

Roos v. Clark

Court
District Court, E.D. Arkansas
Filed
Sep 13, 2022
Cited by
0 cases

The opinion

IN THE UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF ARKANSAS

CENTRAL DIVISION

NICHOLAS ROOS PLAINTIFF

ADC #163931

v. No: 4:19-cv-00895 BRW-PSH

YOLANDA CLARK, et al. DEFENDANTS

ORDER

I have reviewed the Proposed Findings and Partial Recommendation submitted by United

States Magistrate Judge Patricia S. Harris, and the objections filed.1 After carefully considering

the objections and making a de novo review of the record in this case, I approve and adopt the

Proposed Findings and Partial Recommendation in all respects.

I note that Plaintiff cites Entzi v. Redmann,2 for his position that the Eighth Circuit

recognizes outdoor recreation as a clearly established constitutional right. Not quite. Rather, the

court noted that the plaintiff argued that the law library hours infringed on “enjoying what he

asserts is a constitutional right to outdoor recreation.”3

IT IS THEREFORE ORDERED THAT:

The Defendants’ motion for summary judgment (Doc. No. 126) is granted in part and

denied in part. Judgment is awarded in favor of the Defendants on Roos’ official capacity claims

for money damages. Roos’ equal protection and state law claims are dismissed without prejudice.

To the extent Roos brought an Eighth Amendment failure-to-protect claim based on the alleged

danger posed by him asking for his food through a food slot, such claim is dismissed without

1 Doc. Nos. 141, 142.

2 485 F.3d 998, 1005 (8th Cir. 2007).

3 Id. (emphasis added).

prejudice. Finally, Gibson is entitled to qualified immunity with respect to Roos’ Eighth and First

Amendment claims for money damages based on lack of sun exposure, and those claims are

dismissed with prejudice.

Summary judgment is denied as to Roos’ remaining claims because Defendants are not

entitled to qualified immunity on those claims and material issues of fact remain for trial.

IT IS SO ORDERED this 13th day of September, 2022.

Billy Roy Wilson________________

UNITED STATES DISTRICT JUDGE

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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