Hurst v. Robinson et al

Filing 11

ORDER granting in part and denying in part 6 Motion for Summary Judgment. The Court directs Holcomb to either challenge service or waive his defense by January 30, 2012. Hurst's motion is denied without prejudice as to Holcomb. Signed by Judge D. P. Marshall Jr. on 1/19/12. (kpr) (Additional attachment(s) added on 1/19/2012: ) # 1 Main Document - Correct) (thd).

IN THE UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF ARKANSAS

PINE BLUFF DIVISION

PLAINTIFF

MIKE HURST

v.

No.5:11-cv-226-DPM

GERALD ROBINSON, Individually
and in his Official Capacity as Sheriff,
Jefferson County, Arkansas; and MIKE
HOLCOMB, Individually and in his
Official Capacity as County Judge,
Jefferson County, Arkansas

DEFENDANTS

ORDER
Hurst's motion for partial summary judgment, Document No.6, is
granted in part and denied in part. It is undisputed that Hurst served
Robinson, as the proofs of service show. Document No.6, at 3-6. While the
Defendants argue that they have not yet asserted insufficiency of service as
an affirmative defense, and therefore the motion is premature, they did assert
the defense in their answer. Document No.2, at 5. There is no genuine issue
of material fact, and Hurst is entitled to judgment on this affirmative defense
as to Robinson.
The issue as to Holcomb is a bit murky. The return indicates that Hurst
served Holcomb (the county judge) by serving "Terry Wynne," the" city
attorney." Document No.6, at 7-10. This seems odd. The Court therefore

directs Holcomb to either challenge service or waive his defense by 30 January
2012. Hurst's motion is denied without prejudice as to Holcomb.
So Ordered.

~4~~_. _
_
D.P. Marshall Jr.

United States District Judge

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