Sparkman Learning Center et al v. Arkansas Department of Human Services et al

Filing 71

ORDER granting 41 Motion to Dismiss; ***Civil Case Terminated; plaintiffs' Amended Complaint is dismissed with prejudice. Signed by Honorable Susan O. Hickey on February 1, 2013. (cnn)

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
EL DORADO DIVISION
SPARKMAN LEARNING CENTER and
JESSE CARTER
VS.

PLAINTIFFS

CASE NO. 1:06-CV-1111

ARKANSAS DEPARTMENT OF HUMAN
SERVICES; JOHN SELIG, individually and in his
official capacity as Director of the Arkansas
Department of Human Services; and
TONYA RUSSELL, individually and in her official
capacity as Director of Division of Child Care
and Early Childhood Education of the Arkansas
Department of Human Services

DEFENDANTS

ORDER
Plaintiffs Sparkman Learning Center and Jesse Carter filed an Amended Complaint against
Defendants Arkansas Department of Human Services, John Selig, and Tonya Russell, alleging
violations of 42 U.S.C. § 1983 and the Equal Protection and Due Process clauses of the Fourteenth
Amendment.

(ECF No. 64).

This matter is now before the Court on Defendants Arkansas

Department of Human Services, John Selig, and Tonya Russell’s Motion to Dismiss. (ECF No. 41).
Plaintiffs have filed a response. (ECF No. 58). The Court finds this matter ripe for consideration.
For the reasons discussed in the Memorandum Opinion of even date, the Court finds that
Defendants’ Motion to Dismiss (ECF No. 41) should be and hereby is GRANTED. Plaintiffs’
Amended Complaint is hereby DISMISSED WITH PREJUDICE.
IT IS SO ORDERED, this 1st day of February, 2013.

/s/ Susan O. Hickey
Hon. Susan O. Hickey
United States District Judge