Lewis v. Brazell et al

Filing 33

ORDER directing Defendants Brazell, Callwood and Ward to file motions for summary judgment no later than June 9, 2014. See Order for specifics. Signed by Honorable Barry A. Bryant on April 7, 2014. (mll)

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

DON EARL LEWIS
v.

PLAINTIFF
Civil No. 4:12-cv-04100

MARTY BRAZELL; and
ERICA CALLWOOD

DEFENDANT

DON EARL LEWIS
V.

PLAINTIFF
CIVIL NO. 4:12-cv-04139

STEPHEN WARD

DEFENDANT
ORDER

Plaintiff, Don Lewis, proceeds pro se and in forma pauperis in this section 1983 case.
On September 18, 2013, the Honorable Susan O. Hickey adopted the undersigned’s Report and
Recommendation denying Defendant Brazell’s Motion for Summary Judgment in order to obtain
updated briefing from the parties. Since this Order this case has been consolidated with Civil
No. 4:12-cv-04139 adding Defendant Stephen Ward.
Accordingly, the Court now DIRECTS Defendants Brazell, Callwood and Ward to file
Motions for Summary Judgment specifically including (1) analysis on the recent United States
Supreme Court opinion, Maryland v. King, __ U.S. __, 133 S.Ct. 1958 (2013) (addressing the
issue of whether taking and analyzing a cheek swab of an arrestee’s DNA, after an arrest for
a serious offense supported by probably cause, is a reasonable search under the Fourth
Amendment); and (2) address the issue of whether this Court should certify a question to the

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Arkansas Supreme Court requesting construction of Arkansas Code Annotated section 12-121006 as it applies to the instant set of facts—specifically, whether section 12-12-1006
authorizes the taking of an arrestees’ DNA sixteen (16) days after he has been arrested and
booked into a detention facility. Defendants shall file these Motions no later than June 9,
2014.
IT IS SO ORDERED this 7th day of April 2014.

/s/ Barry A. Bryant
HON. BARRY A. BRYANT
UNITED STATES MAGISTRATE JUDGE

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