Orlando Matthews Estate et al v. Marianna Arkansas, City of et al

Filing 65

ORDER granting motion for summary judgment 28 and DISMISSING CASE with prejudice for the reasons explained in the Court's earlier Order 62 . Signed by Judge D. P. Marshall Jr. on 10/18/13. (kpr)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS EASTERN DIVISION ORLANDO MATTHEWS ESTATE and FLORENCE MATTHEWS, individually and in her official capacity as Administratrix of the estate v. PLAINTIFFS No. 2:09-cv-71-DPM CITY OF MARIANNA, ARKANSAS, a municipal corporation; ROBERT TAYLOR, Mayor of Marianna; JAMES TUCKER, Marianna Chief of Police; WILLIAM COLVIN, Corporal, Marianna Police Department; SCOTT MCCALL, Officer, Marianna Police Department; and JOHN DOES 1-10, in their individual and official capacities DEFENDANTS ORDER The outcome of this case turns on whether Matthews was the personal representative of her son Orlando's estate when she filed this lawsuit. NQ 62 at 4. The Arkansas courts have determined with finality that Matthews was not. NQ 53-1 at 9-10 & 63-1. This Court granted the Marianna Defendants' motion to reconsider summary judgment and invited further argument from Matthews. NQ 64. None has been made. The Court grants Defendants' motion for summary judgment, NQ 28. No material facts are disputed. Matthews lacked standing to pursue§ 1983 claims against the Marianna Defendants arising from her son's injuries and death because she was not then appointed personal representative. ARK. CODE ANN. § 16-62-101(a)(1) (survival actions must be brought by the personalrepresentative);ARK.CODEANN. § 16-62-102(b) &Brewerv. Poole,362 Ark. 1, 16, 207 S.W.3d 458, 467 (2005) (wrongful-death actions must be brought by the personal representative or all heirs at law). For the reasons explained in the Court's earlier Order, NQ 62, the statutes of limitation expired without either claim being timely and properly asserted. Motion for summary judgment, NQ 28, granted; complaint dismissed with prejudice. So Ordered. D.P. Marshall Jr. United States District Judge 18 October 2013 -2-

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