Burton v. Martin et al

Filing 70

ORDER: re 67 USCA Opinion Mr. Burton's 1983 equal protection retaliation claim against Chief Hedden in his in individual capacity is dismissed with prejudice. An Amended Final Scheduling Order will be issued by separate Order. Signed by Judge Kristine G. Baker on 3/10/2014. (mmd)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION
RICHARD A. BURTON
v.

PLAINTIFF
Case No. 4:11-cv-00710 KGB

ARKANSAS SECRETARY OF STATE,
MARK MARTIN, In his Official Capacity as
ARKANSAS SECRETARY OF STATE,
DARRELL S. HEDDEN, In his Individual
and Official Capacity as Chief of Police for
STATE CAPITOL POLICE

DEFENDANTS

ORDER
Based on the December 17, 2013, Opinion from the Court of Appeals for the Eighth
Circuit (Dkt. No. 67), defendant Darrell Hedden is entitled to qualified immunity on plaintiff
Richard Burton’s 42 U.S.C. § 1983 equal protection retaliation claim.

Accordingly, Mr.

Burton’s § 1983 equal protection retaliation claim against Chief Hedden in his individual
capacity is dismissed with prejudice.
All other findings in this Court’s previous Orders remain in effect. An Amended Final
Scheduling Order will be issued by separate Order.
SO ORDERED this 10th day of March, 2014.

____________________________________
Kristine G. Baker
United States District Judge