Horton v. Pennington et al
Richard Patrick Horton |
Travis J Pennington, Dustin Musteen, Chris Needham, J. Thompson, J Ochoa and John Doe |
5:2017cv05160 |
August 9, 2017 |
US District Court for the Western District of Arkansas |
Fayetteville Office |
Benton |
Erin L. Wiedemann |
P. K. Holmes |
Civil Rights |
42 U.S.C. ยง 1983 |
None |
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Filing 49 OPINION granting in part and denying in part 22 Motion to Dismiss for Failure to State a Claim. The Motion is GRANTED with respect to all Fifth Amendment claims. The unlawful arrest and unlawful search claims are STAYED until Plaintiffs state crim inal case has been fully resolved. The Motion is DENIED with respect to the excessive force claim. Plaintiff has until March 6, 2018, to advise the Court whether he wishes to proceed with the excessive force claims at this time. Signed by Honorable P. K. Holmes, III on February 22, 2018. (tg) |
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