Human Rights Defense Center v. Baxter County, Arkansas et al

Filing 53

OPINION AND ORDER granting in part and denying in part 50 Renewed Motion to Dismiss Case; John Montgomery (in his individual and official capacities), Eric Neal (in his individual and official capacities), Does 1-10 (in their individual and official capacities) and Brad Lewis (in his individual and official capacities) are terminated leaving Baxter County as the sole remaining Defendant. Signed by Honorable Timothy L. Brooks on May 2, 2018. (tg)

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

HUMAN RIGHTS DEFENSE CENTER

V.

PLAINTIFF

CASE NO. 3:17-CV-3070

BAXTER COUNTY, ARKANSAS;
JOHN MONTGOMERY, Sheriff, in his official capacity;
BRAD LEWIS, Jail Administrator, in his official capacity;
SGT. ERIC NEAL, in his official capacity;
and DOES 1-10, in their official capacities

DEFENDANTS

OPINION AND ORDER
Currently before the Court is a Renewed Motion to Dismiss (Doc. 50) filed by
Defendants Baxter County, John Montgomery, Brad Lewis, and Sergeant Eric Neal.
Plaintiff Human Rights Defense Center ("HRDC") has filed a Response in Opposition
(Doc. 52). The Court previously issued a Memorandum Opinion and Order (Doc. 49)
dismissing the individual capacity claims against the named officials on the basis of
qualified immunity. Following that Order, the only claims currently remaining in this case
are a claim against Baxter County and the official capacity claims against these county
officials. Defendants now file a renewed Motion to Dismiss in the wake of what they refer
to as "important developments" in the law on postcard-only policies. As further explained
below, Defendants' Motion is GRANTED IN PART AND DENIED IN PART.
As a preliminary matter, although Defendants style the present Motion as a
renewed Motion to Dismiss, it is more properly construed as a Motion for Judgment on
the Pleadings under Rule 12(c) since it was filed almost five months after their Answer

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