Guy v. Ross

• Court: District Court, W.D. Arkansas
• Decided: March 11, 2025
• Docket: 6:23-cv-06089
• Status: Unknown

Opinion

IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS HOT SPRINGS DIVISION

ROLAND F. GUY PLAINTIFF

v. Case No. 6:23-cv-06089

CORPORAL JACOB ROSS, JUSTIN HUNTER, Sgt., Ouachita River Unit, ADC; NICHOLAS KILLIAN, Sgt., Ouachita River Unit, ADC; and ZORN TURNER DEFENDANTS ORDER Before the Court is a Report and Recommendation filed January 6, 2025, by the Honorable Christy D. Comstock, United States Magistrate Judge for the Western District of Arkansas. (ECF No. 54). Judge Comstock recommends that Defendants Corporal Jacob Ross, Justin Hunter, and Zorn Turner’s (together, “ADC Defendants”) Partial Motion for Summary Judgment be granted and Plaintiff’s failure to protect claim against the ADC Defendants be dismissed with prejudice. Judge Comstock also recommends that Defendant Zorn Turner (“Defendant Turner”) be terminated as a defendant in this case. Plaintiff has not responded to the Report and Recommendation, and the time to do so has passed. See 28 U.S.C. § 636(b)(1). Upon review, finding no clear error on the face of the record and that Judge Comstock’s reasoning is sound, the Court adopts the Report and Recommendation (ECF No. 54) in toto. Accordingly, the ADC Defendants’ Partial Motion for Summary Judgment (ECF No. 42) should be and hereby is GRANTED. Plaintiff’s failure to protect claim against the ADC Defendants is DISMISSED WITH PREJUDICE. Further, Defendant Turner is hereby TERMINATED as a defendant in this case.1 Plaintiff’s denial of medical care claim against the ADC Defendants will remain for further review. IT IS SO ORDERED, this 11th day of March, 2025. /s/ Susan O. Hickey Susan O. Hickey Chief United States District Judge

1Plaintiff only brings a claim for failure to protect against Defendant Turner, who is a private actor. “Private actors may incur section 1983 liability only if they are willing participants in a joint action with public servants acting under color of state law.” Johnson v. Outboard Marine Corp., 172 F.3d 531, 536 (8th Cir. 1999) (holding that because “the plaintiffs have failed to establish that a state actor violated their rights under the Constitution or laws of the United States, their claims against the private actors must also fail.”) (citing Miller v. Compton, 122 F.3d 1094, 1098 (8th Cir. 1997)). The Court is granting partial summary judgment in favor of the ADC Defendants on the section 1983 failure to protect claim. Thus, Plaintiff has failed to establish that a state actor violated his rights and therefore his section 1983 claim against Defendant Turner must fail.