Sexton et al v. Dotson et al
Filing
90
ORDER, at the start of trial, the Court granted the Sextons' unopposed motion to dismiss their duplicative official-capacity claims against Dotson & Ellison without prejudice. After the Sextons rested, the Court granted Dotson & Ellison's motion for judgment as a matter of law on the Sextons' individual-capacity home-search claims based on a failure of proof. The Court took the Defendants' motion for judgment on all other claims under advisement. At the conclusion of all e vidence, the Court took the Defendants' renewed motion for judgment under advisement too. The Court found in favor of Lawrence County, Dotson & Ellison on all remaining claims. And those claims are therefore dismissed with prejudice. Signed by Judge D. P. Marshall Jr. on 9/9/2011. (jct)
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
JONESBORO DIVISION
ERNEST B. SEXTON and
JOANN SEXTON
v.
PLAINTIFFS
Case No. 3:09-cv-80-DPM
JODY DOTSON, individually
and as employee of Lawrence County;
DAN ELLISON, individually
and as employee of Lawrence County;
STATE OF ARKANSAS;
LAWRENCE COUNTY SHERIFF'S
DEPARTMENT; and LAWRENCE COUNTY
DEFENDANTS
ORDER
At the start of trial, the Court granted the Sextons' unopposed motion
to dismiss their duplicative official-capacity claims against Dotson and Ellison
without prejudice. After the Sextons rested, the Court granted Dotson and
Ellison's motion for judgment as a matter of law on the Sextons' individualcapacity home-search claims based on a failure of proof. The Court took the
Defendants' motion for judgment on all other claims under advisement.
At the conclusion of all the evidence, the Court took the Defendants'
renewed motion for judgment under advisement too. For the various reasons
stated from the bench at the end of trial, the Court found in favor of Lawrence
County, Dotson, and Ellison on all remaining claims. And those claims are
therefore dismissed with prejudice.
1:
nP-wJMd~
D.P. Marshall Jr.
United States District Judge
9/9/2011
-2
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