Emery v. Helder et al, No. 5:2016cv05193 - Document 132 (W.D. Ark. 2018)

Court Description: MEMORANDUM OPINION AND ORDER granting 88 Motion for Summary Judgment; All claims against Aramark Correctional Services, LLC, Tommy Roark, Tina Webb, Jessie England, and Carla Cink, under 42 U.S.C. § 1983, are DISMISSED WITH PREJUDICE. The Co urt declines to retain supplemental jurisdiction over Arkansas Deceptive Trade Practices Act claim, and it is therefore DISMISSED WITHOUT PREJUDICE and granting in part and denying in part 97 Motion for Summary Judgment; The Motion is GRANTED with respect to the following § 1983 claims: the inadequate diet claim; the inadequate grievance procedure claim; the housing classification claim; the access to the courts claim; and the denial of adequate medical care claim. These claims are DISMI SSED WITH PREJUDICE. The Court declines to exercise supplemental jurisdiction over the claim arising under the Arkansas Deceptive Trade Practices Act, 28 U.S.C. § 1367(c)(1 ), and it is DISMISSED WITHOUT PREJUDICE. The Motion is DENIED as to Plaintiff's First Amendment claim involving access to newspapers and news media, against Sheriff Helder and Major Denzer in their individual and official capacities. Signed by Honorable Timothy L. Brooks on February 5, 2018. (tg)