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)

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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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