Covington v. White et al

Filing 23

ORDER denying 7 Motion to Dismiss for Failure to State a Claim. The plaintiff is directed to file an amended complaint by 3/29/13, including the information outlined in this Order. Signed by Judge D. P. Marshall Jr. on 3/4/13. (kpr)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS EASTERN DIVISION GARY COVINGTON, on behalf of himself and all others similarly situated v. PLAINTIFF No. 2:12-cv-123-DPM RONNIE WHITE, in his official capacity; ULESS WALLACE and JOHN DOES 1-5, individually and in their official capacities DEFENDANTS ORDER The motion to dismiss is denied without prejudice. Everyone would benefit, though, from greater specificity and clarity in Covington's pleading. An amended complaint is the best course. Covington must: • Plead the date of the arrest, what Covington was arrested for, and some specific circumstances of the arrest and alleged beating; • Plead the names of the two arresting officers, or explain why he cannot; • Plead against specific defendants (or explain why he cannot) details about the alleged denial of medical care sufficient to state a plausible claim; • Clarify whether he is suing Wallace in his individual capacity, and if so, plead facts about his individual actions that state a particular claim; • Clarify why the City can be responsible in law for the alleged will-call policy when Covington (and others) were in the custody of Phillips County very soon after arrest; and • Eliminate generic allegations against "all Defendants" and unclear allegations against "Defendant" given the capacity issues and the several defendants. Motion, Document No. 7, denied without prejudice. Amended complaint due by 29 March 2013. So Ordered. D.P. MarShallfr'O United States District Judge 4 March2013 -2-

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