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)

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

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