Bevans v. Conway, City of et al

Filing 17

ORDER granting in part and denying in part 8 Motion to Dismiss; granting 16 Motion to Dismiss Party; Conway Police Department is DISMISSED without prejudice. Signed by Judge Brian S. Miller on 2/18/09. (mkf)

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION JOHN BEVANS V. CASE NO. 4:09CV0016 BSM PLAINTIFF CITY OF CONWAY; MAYOR TAB TOWNSELL, Individually and In His Official Capacity as Mayor of Conway; CITY COUNCIL MEMBERS ANDY HAWKINS; DAVID GRIMES; MARK VAUGHT; SHELLY MEHL; JACK BELL; MARY SMITH; THEODORE JONES, JR.; SHELIA WHITMORE, Individually and In Their Official Capacity as City Council Members for CONWAY; THE CONWAY POLICE DEPARTMENT; POLICE CHIEF A.J. GARY, Individually and In His Official Capacity as Police Chief of the Conway Police Department; JASON CAMERON, Individually and In His Official Capacity as a Conway Police Officer; and JOHN DOES #1 and #2 ORDER DEFENDANTS Plaintiff and separate defendant, City of Conway, Arkansas, move the court to dismiss the Conway Police Department from this case; however, plaintiff seeks to dismiss the police department without prejudice [Doc. No. 16], while the city seeks to dismiss the police department with prejudice [Doc. No. 8]. The motions are well taken and, out of caution, the court dismisses the Conway Police Department, without prejudice. IT IS SO ORDERED this 18th day of February, 2009. UNITED STATES DISTRICT JUDGE

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