Tanner v. Ziegenhorn et al
| James Andrew Tanner |
| Kurt Ziegenhorn, Bill Bryant, William Sadler and John Doe |
| 4:2017cv00780 |
| November 27, 2017 |
| US District Court for the Eastern District of Arkansas |
| Little Rock Office |
| White |
| D. P. Marshall |
| Other Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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The following documents for this case are available for you to view or download:
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Filing
152
ORDER granting 144 Motion for attorney's fees and costs. The Court awards Tanner $32,995.37 for attorney's fees, plus $990.94 in costs, for a total of $33,986.31. Signed by Chief Judge D. P. Marshall Jr. on 1/19/2022. (jak)
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Filing
143
JUDGMENT: The Court enters judgment against James Andrew Tanner, and for the various defendants, as specified in the attached chart on all the claims dismissed with prejudice before trial. The other listed claims that were not tried are dismissed wi thout prejudice. The Court held a jury trial in Little Rock from 7/6/2021 to 7/8/2021 on Tanner's unresolved Fourth Amendment claims (and echoing Arkansas law claims) and his unresolved First Amendment claims (and echoing Arkansas law claims). T he eight-person jury returned three unanimous special verdicts, 135 , which the Court attaches and incorporates. The Court resolved the remaining issues of law and fact (with the parties' consent) on the speech issues in a 142 Memorandum Opin ion and Order. Based on the jury's special verdicts 2 and 3, the Court enters judgment for James Andrew Tanner on his Fourth Amendment claim and echoing Arkansas law claim about the December 2014 Wal-Mart encounter against Kurt Ziegenhorn, in h is individual capacity, for $1.00 in nominal damages, post-judgment interest at a rate of 0.09%, and a reasonable attorney's fee and costs as may be allowed on later timely motion. Based on special verdict 1 and the Court's post-t rial rulings, the Court enters judgment for James Andrew Tanner on his First Amendment claim and echoing Arkansas law claim against Colonel Bill Bryant, in his official capacity as head of the Arkansas State Police. The Court orders Colonel Bryant to unblock Tanner from the State Police's Facebook page. The Court further orders Colonel Bryant to develop and implement a narrower approach to filtering comments on the State Police's Facebook page. This narrower approach must not engage in any viewpoint discrimination. Tanner is entitled to a reasonable attorney's fee, and costs as may later be allowed on timely motion, on these free speech claims. The Court encourages the parties to confer and attempt to resolve the attorney's fees and costs issues. Tanner's deadline for filing any motion seeking those items is 10/29/2021. Signed by Chief Judge D. P. Marshall Jr. on 9/30/2021. (cmn)
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Filing
136
ORDER: For the reasons stated from the bench at the end of the trial on 7/8/2021, the Court requests a post-trial motion for judgment as a matter of law from Tanner on the First Amendment issues. Motion due 8/2/2021. State Police's response is due 8/16/2021. Tanner's motion on punitive damages is denied as moot based on the jury's special verdict No. 3. Signed by Chief Judge D. P. Marshall Jr. on 7/9/2021. (jak)
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Filing
121
ORDER granting in part and denying in part 117 Motion in Limine. Signed by Chief Judge D. P. Marshall Jr. on 11/17/2020. (wbb)
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Filing
118
ORDER: The case is re-set for 12/7/2020 second out trial, subject to any lawyer having a conflict. The Court notes the new 117 motion in limine. Tanner must respond by 11/9/2020 and the Court discourages any further pretrial motions. Signed by Chief Judge D. P. Marshall Jr. on 11/2/2020. (jak)
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Filing
112
ORDER: To reduce the risk of virus at trial, the Court takes the following steps. First, the venire will be reduced in size to 24. Second, we'll select an 8 person jury. Third, the Court has procured some clear masks for the witnesses. All witnesses will be makes, but in a way that allows the jurors to see their faces during testimony. Signed by Chief Judge D. P. Marshall Jr. on 10/28/2020. (jak)
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Filing
107
ORDER partly granting and partly denying 95 Motion in Limine. Tanner's 96 Motion in limine is partly granted and partly denied. Signed by Chief Judge D. P. Marshall Jr. on 10/21/2020. (jak)
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Filing
97
ORDER denying 76 motion for partial summary judgment. Colonel Bryant and Trooper Ziegenhorn's 79 Motion for summary judgment is partly granted and partly denied. The Court grants summary judgment in Ziegenhorn's favor on Tanner's Fourth Amendment arrest warrant claims and state law claims about the November 2014 encounter. The Court denies summary judgment on Tanner's free speech claims and December 2014 unreasonable search and seizure claims. The overlapping federal and state claims on those issues are for trial. The Court will also revisit the qualified immunity defense after the jury answers factual questions about the second WalMart encounter. This case is first out for trial on 11/2/2020. Signed by Chief Judge D. P. Marshall Jr. on 9/22/2020. (jak)
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Filing
60
ORDER partly granting and partly denying 47 Motion to dismiss by the State Police, Colonel Bryant, Sadler, and Trooper Ziegenhorn. 53 Motion by Chapman and Kennedy is granted. The Court directs Tanner to file a fifth and final amended complaint that includes only the surviving claims by 6/21/2019. A Second Amended Final Scheduling Order will issue. Signed by Judge D. P. Marshall Jr. on 5/31/2019. (jak)
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Filing
40
ORDER directing Plaintiff to file an amended complaint by 2/28/2019. The 10 Final Scheduling Order is vacated. An Amended Final Scheduling Order will issue. Pending Motions 14 , 21 , 34 , and 37 are denied without prejudice as moot. Signed by Judge D. P. Marshall Jr. on 1/28/2019. (jak)
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Filing
32
ORDER denying with directions 22 , 24 , & 27 Motions. The 20 First Motion to amend is denied without prejudice because the second 21 Motion moots it. Signed by Judge D. P. Marshall Jr. on 9/28/2018. (jak)
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Filing
17
ORDER: Tanner hasn't responded to the 14 pending motion for judgment. If the Court doesn't hear anything by 9/21/2018 it will decide the motion based on the current papers. Signed by Judge D. P. Marshall Jr. on 9/10/2018. (jak)
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Filing
13
PROTECTIVE ORDER. Signed by Judge D. P. Marshall Jr. on 7/27/2018. (jak)
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