Covington v. Wallace

Plaintiff: Gary Covington, Bethany Walker, Gary Anderson, Brittany Walker and James Walker
Defendant: Uless Wallace, Dale Acosta, Travis Wallace, Herman Hall, Howard Woodward and Helena Regional Medical Center
Case Number: 2:2013cv00084
Filed: June 24, 2013
Court: Arkansas Eastern District Court
Office: Helena Office
County: Clark
Presiding Judge: D. P. Marshall
Nature of Suit: Civil Rights: Other
Cause of Action: 28:1331 Federal Question: Other Civil Rights
Jury Demanded By: Both

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed#Document Text
July 13, 2015 97 Opinion or Order of the Court JUDGMENT: All of Anderson's claims are dismissed with prejudice; Covington's and the Walkers' claims against Woodward are dismissed without prejudice; Covington's and the Walkers' claims against Hall and Travis Wallace are di smissed with prejudice; Covington's and the Walkers' claims against Ules Wallace are dismissed with prejudice; and Covington's and the Walkers' claims against Acosta are dismissed with prejudice. The Court retains jurisdiction to enforce the Acosta settlement until 11 September 2015. Signed by Judge D. P. Marshall Jr. on 7/13/2015. (ljb)
July 9, 2015 95 Opinion or Order of the Court ORDER: Plaintiffs' motion to dismiss, 94 , is granted. Because the remaining parties have settled, Plaintiffs do not have to file an affidavit from Chalk Mitchell. Acosta's motion to set aside the default, is denied without prejudice as moot. The Court will enter judgment and retain jurisdiction for sixty days to enforce the settlement agreement. Signed by Judge D. P. Marshall Jr. on 7/9/2015. (jak)
March 9, 2015 78 Opinion or Order of the Court ORDER granting 77 Motion to Dismiss. All of Covington's and the Walkers' claims against Chief Uless Wallace, Officer Travis Wallace, and Officer Hall are dismissed with prejudice. The only remaining claims are Covington's and the Wal kers' individual-capacity claims against Acosta. Motion in limine, 71 , denied without prejudice as moot. Motion for a damages hearing, 77 , granted as modified. The Court regrets that it cannot proceed today or tomorrow as requested. The Court's staff will be in touch about possible dates. Signed by Judge D. P. Marshall Jr. on 3/9/2015. (jak)
January 27, 2015 64 Opinion or Order of the Court ORDER granting in part and denying in part 53 Motion. Officer Herman Hall and Officer Travis Wallace are dismissed as defendants. The Walkers' individual-capacity claims against Acosta for felony-tort and battery are dismissed without prejudice. Any unconstitutional-policy claim against the City (through Chief Wallace) is dismissed with prejudice. Signed by Judge D. P. Marshall Jr. on 1/27/2015. (jak)
January 7, 2015 60 Opinion or Order of the Court ORDER: The Court dismissed all of Anderson's claims, 49 . He was the only plaintiff with a claim against Helena Regional, a fact the Court inadvertently failed to note. Helena Regional is therefore dismissed. Signed by Judge D. P. Marshall Jr. on 1/7/2015. (jak)
October 28, 2014 49 Opinion or Order of the Court ORDER for the reasons stated at the hearing yesterday, Anderson's claims against all defendants are dismissed with prejudice. Motions 39 and 43 granted. Motion 42 denied. The Final Scheduling Order remains in effect. Signed by Judge D. P. Marshall Jr. on 10/28/2014. (jak)
March 20, 2014 31 Opinion or Order of the Court ORDER denying 29 Motion to Dismiss without prejudice; denying 26 Motion to sever without prejudice; and granting 18 Motion for Default Judgment. The Clerk is directed to enter a default against Acosta. Damages will be fixed at the trial. The Court dismisses the claims against defendant Woodward without prejudice. Signed by Judge D. P. Marshall Jr. on 3/20/2014. (jak)
June 24, 2013 1 Opinion or Order of the Court ORDER directing the Clerk to open a new case with Covington as the plaintiff and Wallace as the defendant. Covington, joined by Anderson and the Walkers, must file a first amended complaint asserting only excessive-force claims by 7/3/2013. The Clerk is directed to docket this Order as the only item in the new case. Signed by Judge D. P. Marshall Jr. on 6/24/2013. (thd)

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Plaintiff: Gary Covington
Represented By: Luther Oneal Sutter
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Plaintiff: Bethany Walker
Represented By: Luther Oneal Sutter
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Plaintiff: Gary Anderson
Represented By: Luther Oneal Sutter
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Plaintiff: Brittany Walker
Represented By: Luther Oneal Sutter
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Plaintiff: James Walker
Represented By: Luther Oneal Sutter
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Defendant: Uless Wallace
Represented By: Sara Teague
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Defendant: Dale Acosta
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Defendant: Travis Wallace
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Defendant: Herman Hall
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Defendant: Howard Woodward
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Defendant: Helena Regional Medical Center
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