American Humanist Association et al v. Baxter County, Arkansas et al

Filing 32

JUDGMENT in favor of American Humanist Association, Dessa Blackthorn against Baxter County, Arkansas, Mickey Pendergrass in the amount of $1.00. See order for specifics. Signed by Honorable Timothy L. Brooks on November 12, 2015. (src)

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
HARRISON DIVISION

AMERICAN HUMANIST ASSOCIATION and
DESSA BLACKTHORN

v.

PLAINTIFFS

CASE NO. 3:14-CV-3126

BAXTER COUNTY, ARKANSAS and
MICKEY PENDERGRASS, Baxter County Judge,
in his official and individual capacities

DEFENDANTS

JUDGMENT
Pursuant to the Court's Memorandum Opinion and Order entered this day, the
Court hereby finds and directs that Plaintiffs American Humanist Association and Dessa
Blackthorn are entitled to a judgment against Defendants Baxter County, Arkansas , and
Baxter County Judge Mickey Pendergrass in his official capacity, (1) declaring that the
nativity scene on the Baxter County Courthouse grounds in the year 2014 was displayed
in violation of the First Amendment to the Constitution of the United States of America,
and (2) awarding nominal damages and injunctive relief.

IT IS THEREFORE ORDERED that judgment is hereby rendered and awarded to
Plaintiffs American Humanist Association and Dessa Blackthorn against Defendants
Baxter County, Arkansas , and Baxter County Judge Mickey Pendergrass in his official
capacity in the amount of $1.00.

IT IS FURTHER ORDERED that Defendants Baxter County, Arkansas , and Baxter
County Judge Mickey Pendergrass must either (1) refrain from placing any religiously
sectarian seasonal display on the courthouse grounds, or (2) create a public forum on the

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courthouse grounds for a seasonal display open to persons of all faiths as well as of no
faith at all , without discrimination on the basis of viewpoint.

IT IS FURTHER ORDERED that all of Plaintiffs' claims brought against Baxter
County Judge Mickey Pendergrass in his individual capacity are DISMISSED WITH

PREJUDICE under the doctrine of qualified immunity.
IT IS FURTHER ORDERED that the Court retains jurisdiction for the limited
purpose of considering Plaintiffs' request in their Complaint for relief in the form of costs
and attorneys' fees . If Plaintiffs wish to recover costs and attorneys' fees , then Plaintiffs
must file a motion on these issues by no later than fourteen calendar days from the date
of this Judgment's entry. Defendants shall respond by no later than fourteen calendar
days after receiving service of Plaintiffs' motion for costs and attorneys' fees .
IT IS SO ORDERED on this

I;2'~ day of Novem

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, 2015.