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)

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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 1 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 2

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