Muldrow v. Harrison et al

Filing 120

ORDER granting in part and denying in part 83 Motion for Summary Judgment as set forth in this order. Only remaining claim in this case is Plaintiff's claim against Officer Van Meter in his individual capacity that Officer Van Meter conducted an illegal search of Plaintiff's person, in violation of his Fourth Amendment rights. Texarkana, Arkansas, City of terminated as Defendant. Signed by Honorable Harry F. Barnes on May 21, 2009. (cap)

IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS TEXARKANA DIVISION LARRY D. MULDROW PLAINTIFF

V.

CASE NO. 07-CV-4061

JOHN VAN METER, in his individual and official capacities; and THE CITY OF TEXARKANA, ARKANSAS

DEFENDANTS

ORDER Before the Court is a Motion for Summary Judgment filed by Defendants John Van Meter and the City of Texarkana, Arkansas ("City"). (Doc. 83). Plaintiff has responded. (Doc. 109). The Court finds the matter ripe for consideration. For reasons discussed in the Memorandum Opinion of even date, the Court finds that Plaintiff's Motion for Summary Judgment should be and hereby is GRANTED IN PART and DENIED IN PART. All constitutional claims against the City of Texarkana and Officer Van Meter in his official capacity shall be dismissed with prejudice. All constitutional claims against Officer Van Meter in his individual capacity are dismissed with prejudice, except for the Fourth Amendment claim that Officer Van Meter conducted an illegal search of Plaintiff's person. The illegal search claim will proceed to trial. Plaintiff's claims for malicious prosecution, outrage, conspiracy, and his miscellaneous claims are dismissed with prejudice. Thus, the only claim remaining in this case is Plaintiff's claim against Officer Van Meter in his individual capacity that Officer Van Meter conducted an illegal search of Plaintiff's person, in violation of his Fourth Amendment rights. IT IS SO ORDERED, this 21st day of May, 2009.

/s/ Harry F. Barnes Hon. Harry F. Barnes United States District Judge