Daniels v. Ferguson et al

Filing 91

JUDGMENT dismissing with prejudice claims against all defendants, ***Civil Case Terminated. Signed by Honorable Jimm Larry Hendren on October 30, 2008. (tg)

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IN THE UNITED STATES DISTRICT COURT W E ST E RN DISTRICT OF ARKANSAS F A YE T TE V IL L E DIVISION D A VI D DANIELS v. C i vi l No. 06-5205 P L AI N TI F F S H ER I FF KEITH FERGUSON; CAPTAIN PETRAY; LT. CARTER; SGT. FAULKENBURY; S G T. NANCE; and SGT. TOMLIN JUDGMENT D E FE N DA N TS O n the 27th day of October, 2008, the captioned matter came on f o r trial by a jury. Plaintiff appeared pro se. All defendants a p pe a re d and were represented by counsel. A jury of twelve persons w a s properly selected and impaneled, the testimony of witnesses was t a ke n , and exhibits were received into evidence. During the trial, the Court determined that plaintiff's claims a g ai n st all defendants in their official capacities should be d i sm i ss e d, and that plaintiff's claims against separate defendants S h er i ff Keith Ferguson, Captain Petray, and Lt. Carter in their i n di v id u al capacities should be dismissed. A f te r all the evidence was received, and the parties had made c l os i ng arguments, the jury retired to deliberate. 2 0 08 , they returned a verdict in open court in On October 29, favor of Sgt. F a ul k en b ur y , Sgt. Nance, and Sgt. Tomlin. I T IS THEREFORE ORDERED that plaintiff's claims against all d e fe n da n ts are dismissed with prejudice. I T IS SO ORDERED, this 30th day of October, 2008. / s /J i mm Larry Hendren J I MM LARRY HENDREN U N IT E D STATES DISTRICT JUDGE

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