Ward v. Hutchinson et al
||Asa Hutchinson, Wendy Kelley, John Felts, John Belken, Andy Shock, Abraham Carpenter, Jr, Dawne Benafield Vandiver, Jerry Riley and Lona H McCastlain
||March 28, 2017
||US District Court for the Eastern District of Arkansas
||Little Rock Office
||D. P. Marshall
|Nature of Suit:
|Cause of Action:
||42 U.S.C. § 1983
|Jury Demanded By:
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|October 16, 2017
ORDER: The Court appreciates the 79 Supplemental Status Report from the State Defendants. The Court dismisses Stacey Johnson's claims without prejudice as moot. The 32 preliminary injunction is dissolved. McGehee's claims are now moot, too. The Court separates the cases and will enter judgment in each, dismissing the complaint without prejudice. Signed by Judge D. P. Marshall Jr. on 10/16/2017. (jak)
|April 6, 2017
ORDER granting 16 Motion to Intervene and 15 Motion to proceed in forma pauperis. The Court defers assessment of the filing fee, and refers the fee issue to Magistrate Judge Ray to decide in due course. The 19 & 20 Motions to Dismiss are partly grant ed and partly denied. All of Bruce Ward's claims are dismissed without prejudice for lack of standing. He's no longer a party. The 3 Motion for Preliminary Injunction is partly granted, partly denied, and held in abeyance as to Jones. Whe n the Board gives public notice of its recommendation about Jones, the Board Defendants must also notify this Court. The Court stays Jason McGehee's execution and enjoins Governor Asa Hutchinson and Arkansas Department of Correction Director Wen dy Kelley from carrying out McGehee's death sentence until the Arkansas Parole Board complies with Ark. Code Ann.§ 16-93-204(e) and until Governor Hutchinson acts on the Board's recommendation. In due course, the Board Defendants must file notice of statutory compliance. Thereafter, whenever the Governor exercises his discretion and acts on the Board's merit recommendation about McGehee, the Governor must file notice of his decision. Signed by Judge D. P. Marshall Jr. on 4/6/2017. (jak)
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