Barton v. Taber et al

Filing 121

ORDER; Plaintiff's individual capacity claims against George Wright are DISMISSED WITH PREJUDICE. Further, the stay entered in this case is lifted, and this matter will be set for trial by separate order. Signed by Honorable Robert T. Dawson on December 10, 2018. (mjm)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
HOT SPRINGS DIVISION
REGINA BARTON, as personal representative
for the estate of Jeffry Alan Barton
v.

PLAINTIFF

No. 6:13-CV-06057

GEORGE WRIGHT, in his official capacity
as Hot Spring County Jail Administrator, et al.

DEFENDANTS

ORDER
On August 10, 2017, the Court stayed this case pending Defendants’ interlocutory appeal
of the Court’s opinion and order denying summary judgment on the basis of qualified immunity.
The mandate (Doc. 120) of the Court of Appeals has now been entered on the docket. The Court
of Appeals reversed this Court’s denial of qualified immunity to Defendant George Wright,
affirmed the denial of qualified immunity to Defendant Amie Martin, and did not reach the issue
of official capacity liability. Because the decision of the Court of Appeals did not terminate this
case, the matter is again pending in this Court.
IT IS THEREFORE ORDERED that Plaintiff’s individual capacity claims against George
Wright are DISMISSED WITH PREJUDICE.
IT IS FURTHER ORDERED that the stay entered in this case is lifted, and this matter will
be set for trial by separate order.
IT IS SO ORDERED this 10th day of December, 2018.
/s/ Robert T. Dawson
Honorable Robert T. Dawson
United States District Judge