Simmons v. Davis et al
James W Simmons |
Rex Davis, Reuben Michel, Mark Gober, Drew County, Jerry Clarke, Monticello Arkansas, City of, Robert Rosegrant, David Outlaw, Stan Witt, Harper and John Kidwell |
5:2013cv00100 |
March 27, 2013 |
US District Court for the Eastern District of Arkansas |
Pine Bluff Office |
Bradley |
D. P. Marshall |
Civil Rights: Other |
42 U.S.C. ยง 1983 Civil Rights Act |
Plaintiff |
Available Case Documents
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Filing 64 JUDGMENT: Simmons's negligence and official-capacity claims against Kidwell are dismissed with prejudice. Simmons's official-capacity claims for damages against Harper are dismissed with prejudice. Simmons's remaining claims are dismissed without prejudice. Signed by Judge D. P. Marshall Jr. on 1/6/2015. (jak) |
Filing 53 ORDER dismissing Simmons's official-capacity claims against Witt and Harper without prejudice. Motions 43 and 46 granted. Signed by Judge D. P. Marshall Jr. on 9/15/2014. (jak) |
Filing 40 ORDER dismissing without prejudice Simmons's individual capacity claims and his negligence claim agains Witt. Simmons's 37 Motion to Amend is granted as modified. Simmons must revise and file an amended complaint by 15 July 2014. Witt 39;s 31 Motion for Summary Judgment is granted in part and denied in part. Simmons's official capacity claims for damages against Witt is dismissed with prejudice. Simmons may seek injunctive relief against Witt in his official capacity as Director. His individual capacity claim against Witt for failure to train or supervise is dismissed without prejudice. His state law claims against Witt are also dismissed without prejudice. Signed by Judge D. P. Marshall Jr. on 7/3/2014. (jak) |
Filing 29 ORDER granting in part and denying in part 8 Motion to Dismiss. All claims against Defendant Kidwell are dismissed. Simmons's Fourth Amendment and negligence claims against defendant Harper are still active. If Simmons wants to pursue injunctive or declaratory relief against Harper or Kidwell, then he must file an amended complaint by 7 February 2014. Signed by Judge D. P. Marshall Jr. on 1/17/14. (kpr) |
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