Human Rights Defense Center v. Baxter County, Arkansas et al, No. 3:2017cv03070 - Document 53 (W.D. Ark. 2018)

Court Description: OPINION AND ORDER granting in part and denying in part 50 Renewed Motion to Dismiss Case; John Montgomery (in his individual and official capacities), Eric Neal (in his individual and official capacities), Does 1-10 (in their individual and official capacities) and Brad Lewis (in his individual and official capacities) are terminated leaving Baxter County as the sole remaining Defendant. Signed by Honorable Timothy L. Brooks on May 2, 2018. (tg)

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Human Rights Defense Center v. Baxter County, Arkansas et al Doc. 53 IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS HARRISON DIVISION HUMAN RIGHTS DEFENSE CENTER V. PLAINTIFF CASE NO. 3:17-CV-3070 BAXTER COUNTY, ARKANSAS; JOHN MONTGOMERY, Sherif, in his oficial capacity; BRAD LEWIS, Jail Administrator, in his oficial capacity; SGT. ERIC NEAL, in his oficial capacity; and DOES 1-10, in their oficial capacities DEFENDANTS OPINION AND ORDER Currently before the Court is a Renewed Motion to Dismiss (Doc. 50) filed by Defendants Baxter County, John Montgomery, Brad Lewis, and Sergeant Eric Neal. Plaintif Human Rights Defense Center ("HRDC") has filed a Response in Opposition (Doc. 52). The Cout previously issued a Memorandum Opinion and Order (Doc. 49) dismissing the individual capacity claims against the named oficials on the basis of qualified immunity. Following that Order, the only claims currently remaining in this case are a claim against Baxter County and the oficial capacity claims against these county oficials. Defendants now file a renewed Motion to Dismiss in the wake of what they refer to as "important developments" in the law on postcard-only policies. As further explained below, Defendants' Motion is GRANTED IN PART AND DENIED IN PART. As a preliminary matter, although Defendants style the present Motion as a renewed Motion to Dismiss, it is more properly construed as a Motion for Judgment on the Pleadings under Rule 12(c) since it was filed almost five months ater their Answer 1 Dockets.Justia.com

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