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Case: Hayes v. Rutledge

4:21-cv-00347 | U.S. District Court for the Eastern District of Arkansas

Filed Date: April 30, 2021

Clearinghouse coding complete

Case Summary

After the Coronavirus pandemic emerged in early 2020, the US Federal Government mobilized to bolster the US economy by creating advanced tax credits, also known as stimulus payments. While Congress explicitly stated the eligibility of incarcerated folks for these stimulus payments, the State of Arkansas passed an act—Act 1110—on April 26, 2021, which allowed Arkansas’ Department of Corrections (ADC) to seize any "federal relief or stimulus funds" from people in its custody. This act prevented a…

After the Coronavirus pandemic emerged in early 2020, the US Federal Government mobilized to bolster the US economy by creating advanced tax credits, also known as stimulus payments. While Congress explicitly stated the eligibility of incarcerated folks for these stimulus payments, the State of Arkansas passed an act—Act 1110—on April 26, 2021, which allowed Arkansas’ Department of Corrections (ADC) to seize any "federal relief or stimulus funds" from people in its custody. This act prevented any person incarcerated in any Arkansas Department of Corrections facility from collecting stimulus payments—despite qualifying. After Act 1110 passed, many prisoners brought individual suits against the State of Arkansas as well as many different officials who played integral roles in implementing Act 1110. Among those prisoners was the plaintiff in Hayes v. Rutledge.

First filed on April 29, 2021, in the Western District Court of Arkansas, Hayes v. Rutledge was transferred to the Eastern District Court of Arkansas on the same day so District Judge Lee P. Rudofsky could oversee the case. The initial complaint named Leslie Rutledge—the Attorney General of Arkansas—as the defendant. Hayes' initial complaint was filed on a pro se basis, but counsel was appointed by Judge Rudofsky to represent Hayes on May 6, 2021. After counsel was appointed, a handful of amended complaints were submitted to the court. 

The plaintiffs filed the final amended complaint against several Arkansas prison officials. The plaintiff sought declaratory and injunctive relief, along with attorney's fees and costs. It also sought certification of a class define as any “eligible individuals incarcerated on or after May 3, 2021, in any ADC-operated facility in the state of Arkansas who qualified for EIL tax credits but had them confiscated. The amended complaint alleged that confiscation of stimulus funds as allowed by Arkansas Act 1110 violated the Plaintiff’s 14th and 5th Amendment rights protecting against violations of due process and unconstitutional takings respectively, and violated the US Supremacy Clause by collecting money intended for the prisoners according to federal statute. These claims were brought under 42 U.S.C. § 1983. 

There was a motion for class certification by the plaintiff in Hayes v. Rutledge on May 11, 2021. But, before ruling on the class certification motion, Judge Rudofsky decided to consolidate the multiple cases filed against Act 1110 to make pre-trial more efficient. Judge Rudofsky designated Hayes v. Rutledge as the master docket. Judge Rudofsky then designated three test cases that he expected would resolve or moot many of the additional cases filed within the consolidated docket. Hayes v. Rutledge was one of those three test cases, along with Holloway v. Arkansas General Assembly (4:41-cv-00495-LPR) and Lamar v. Hutchinson (4:21-cv-00529-LPR). Judge Rudofsky stayed all other cases pending the outcome of the three designated test cases. The three test cases were represented by the same counsel and were further consolidated in an order from Judge Rudofsky released on December 1, 2021, into a single case with three plaintiffs. That same day, the plaintiffs withdrew their motion for class certification.

On August 19, 2021, the plaintiff in Lamar v. Hutchinson moved for a temporary restraining order or, alternatively, a preliminary injunction. The temporary restraining order was denied, but after a hearing, Judge Rudofsky filed an order on September 3, 2021, granting the motion for a preliminary injunction. The injunction was granted because the court found that the defendants had a high likelihood of success on the merits of their Procedural Due Process and Takings Clause claims and were likely to suffer irreparable harm without the preliminary injunction. The injunction allowed the defendants to continue to confiscate prisoner funds in a sequestered account. The defendants could use the funds to pay off prisoners' court fines, fees, costs, or restitution but could not transfer the funds to different accounts or use them in any other way. It also required that ADC keep records of which inmates’ funds were transferred to the sequestered account, and how much remained of those funds after court fines, fees, costs, or restitution were paid off. Judge Rudofsky extended the preliminary injunction beyond the plaintiffs to protect all prisoners subject to Act 1110. 

The Arkansas prison officials apparently conceded the legal conclusions in the order for the preliminary injunction and asked the Court to make the preliminary injunction permanent, but the plaintiffs maintained that they were entitled to more than just the remainder of funds after Arkansas used their stimulus funds to pay off court fines, fees, and restitution. Judge Rudofsky denied this request because the issue of whether plaintiffs were entitled to more than just the money remaining after ADC deducted money for outstanding court fines, fees, costs, and restitution remained. The judge recommended that the plaintiffs move for summary judgment, which they did on December 31, 2021.

On March 16, 2022, Judge Rudofsky released an order granting partial summary judgment to the plaintiffs and partial summary judgment to the defendants. The summary judgment order largely aligned with the Judge’s reasoning when he granted the preliminary injunction. He determined that it was an unconstitutional taking for state prison officials to divert a prisoner’s stimulus funds or tax refunds to an inmate welfare fund or similar account unless the funds were diverted to pay off a prisoner’s existing court fines, fees, costs, or restitution. The summary judgment order determined that prison officials should return the funds remaining after paying off the allowable balances to the prisoner for whom the funds were initially intended. The judge also found for plaintiffs on the procedural due process claim, because ADC’s Act 1110 did not “provide for any opportunity to challenge a confiscation as violating federal law.” 

Judge Rudofsky, however, found for the defendants on the substantive due process, supremacy clause, and interest claims. The judge ruled that the plaintiffs did not have a substantive due process claim and did not have a right to a private action under the Supremacy Clause. Finally, the judge denied the plaintiffs' claim for interest because the interest would have to come from the state prison officials or the treasury of the State of Arkansas and Eleventh Amendment immunity thereby precluded the claim for interest. 

State prison officials were given 90 days from the day the final order was released to return any confiscated excess funds or to determine whether a prisoner had any existing court fines, fees, costs, or restitution to which the stimulus funds should be allocated. Because this case would resolve or moot any other cases in the consolidated docket, those cases were de-consolidated and administratively terminated along with any pending motions. As of the final order, released on March 16, 2021, this case is closed. 

Summary Authors

Olivia Gingold (10/30/2022)

Documents in the Clearinghouse

Document
1

6:21-cv-06070

Complaint

U.S. District Court for the Western District of Arkansas

April 29, 2021

April 29, 2021

Complaint
36

4:21-cv-00347

Order

Aug. 23, 2021

Aug. 23, 2021

Order/Opinion
79

4:21-cv-00347

Order

Lamar v. Hutchinson

Sept. 3, 2021

Sept. 3, 2021

Order/Opinion
158

4:21-cv-00347

Third Amended Complaint

Hayes v. Graves

Nov. 1, 2021

Nov. 1, 2021

Complaint
422

4:21-cv-00347

Order

Hayes v. Graves

March 16, 2022

March 16, 2022

Order/Opinion
423

4:21-cv-00347

Judgment 1983

March 16, 2022

March 16, 2022

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/59872274/hayes-v-rutledge/

Last updated Oct. 19, 2022, 8:07 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT REFERRED (42:1983) against Leslie Rutledge, filed by Steven C. Hayes.(cnn) [Transferred from arwd on 4/30/2021.] (Entered: 04/29/2021)

April 29, 2021

April 29, 2021

Clearinghouse
2

MOTION for Leave to Proceed in forma pauperis (42:1983) by Steven C. Hayes. Motions referred to Barry A. Bryant.(cnn) [Transferred from arwd on 4/30/2021.] (Entered: 04/29/2021)

April 29, 2021

April 29, 2021

PACER
3

ORDER TRANSFERRING CASE to District of Eastern District of Arkansas. Docket Sheet and case documents sent to receiving court. Signed by Honorable Barry A. Bryant on April 29, 2021. (cnn) [Transferred from arwd on 4/30/2021.] (Entered: 04/29/2021)

April 29, 2021

April 29, 2021

PACER
4

Case electronically transferred in from District of Arkansas Western; Case Number 6:21-cv-06070. Electronic file copy of transfer order and docket sheet received. (Entered: 04/30/2021)

April 30, 2021

April 30, 2021

PACER
5

ORDER denying without prejudice 2 Mr. Hayes's Application to Proceed Without Prepayment of Fees; directing the Clerk to mail Mr. Hayes an Application to Proceed Without Prepayment of Fees, including a calculation sheet and a certificate; and directing Mr. Hayes to within 30 days of this Order to submit either: (1) the statutory filing fee of $402; or (2) a proper and complete Application to Proceed Without Prepayment of Fees. Failure to do so may result in dismissal of this action without prejudice. Signed by Judge Lee P. Rudofsky on 05/03/2021. (llg) (Docket text modified on 5/4/2021 to indicate the denial of 2 Petition is without prejudice as marked on the Order) (jak) (Entered: 05/03/2021)

May 3, 2021

May 3, 2021

PACER

NOTICE OF DOCKET CORRECTION re 5 Order. CORRECTION: The docket text was modified to indicate the 2 Petition is denied without prejudice as marked on the Order. (jak)

May 4, 2021

May 4, 2021

PACER
6

RESPONSE to 5 Order by Steven C Hayes. (ljb) (Entered: 05/06/2021)

May 6, 2021

May 6, 2021

PACER
7

FIRST AMENDED COMPLAINT against Leslie Rutledge filed by Steven C Hayes. (ljb) (Entered: 05/06/2021)

May 6, 2021

May 6, 2021

PACER
40

MOTION for Declaratory and Injunctive Relief, to Certify Class, and to Appoint Counsel by William Hufford. [Docketed pursuant to 36 Order] (jbh) (Entered: 08/24/2021)

May 10, 2021

May 10, 2021

PACER
8

MOTION to Certify Class and Appoint Counsel by Steven C Hayes. (ljb) (Entered: 05/11/2021)

May 11, 2021

May 11, 2021

PACER
9

MOTION for Temporary Restraining Order and Preliminary Injunction by Steven C Hayes. (ljb) (Entered: 05/11/2021)

May 11, 2021

May 11, 2021

PACER
10

MOTION for Leave to Proceed in forma pauperis by Steven C Hayes. (llg) (Entered: 05/12/2021)

May 12, 2021

May 12, 2021

PACER
11

ORDER granting 10 Motion to Proceed In Forma Pauperis; directing monthly payments be made from Plaintiff's prison trust account for the $350 filing fee; directing the Clerk of the Court to send a copy of this Order to the Warden of the Ouachita River Unit, the ADC Trust Fund Centralized Banking Office, and the ADC Compliance Office; directing the Clerk of the Court to prepare summons for Defendant Attorney General Leslie Rutledge; directing the United States Marshal to serve a copy of 10 Mr. Hayes's Complaint, as amended, Summons, and this Order on Defendant without prepayment of fees and costs or security therefore; and directing Defendant to file a written response to the Motion for a Temporary Restraining Order on or before Friday 05/14 at 4:30 pm. Signed by Judge Lee P. Rudofsky on 05/13/2021. (ajt) Additional attachment added on 5/13/2021: # 1 Main Document - Correct. (kbc) (Entered: 05/13/2021)

May 13, 2021

May 13, 2021

PACER
12

NOTICE OF DOCKET CORRECTION re 11 Order. CORRECTION: The original document was submitted in error (wrong image file). The correct document was added to 11 and hereto for service/review by the parties pursuant to instruction from chambers. (kbc) (Entered: 05/13/2021)

May 13, 2021

May 13, 2021

PACER
13

(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER granting in part 8 Motion to Appoint Counsel. The Court appoints John E. Tull, III and Thomas Christoph Keller as counsel for Steven C. Hayes. The Court will address class certification in a separate order. Once defendant files a response to the Motion for Temporary Restraining Order, plaintiff will have two business days to file a reply in support of the Motion for Temporary Restraining Order. Signed by Judge Lee P. Rudofsky on 5/13/2021. (hml) (Entered: 05/13/2021)

May 13, 2021

May 13, 2021

PACER

Summons Issued as to Leslie Rutledge and forwarded to USMS for service. (ajt)

May 13, 2021

May 13, 2021

PACER
14

NOTICE of Appearance by Dylan L. Jacobs on behalf of Leslie Rutledge (Jacobs, Dylan) (Entered: 05/14/2021)

May 14, 2021

May 14, 2021

PACER
15

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Leslie Rutledge (Jacobs, Dylan) (Entered: 05/14/2021)

May 14, 2021

May 14, 2021

PACER
16

RESPONSE in Opposition re 9 MOTION for Temporary Restraining Order and in Support of Motion to Dismiss filed by Leslie Rutledge. (Attachments: # 1 Jerry Declaration, # 2 Act 1110 of 2021, # 3 Grigsby-Brown Declaration)(Jacobs, Dylan) (Entered: 05/14/2021)

May 14, 2021

May 14, 2021

PACER
17

MOTION to Withdraw 9 MOTION for Temporary Restraining Order by Steven C Hayes (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Tull, John) (Entered: 05/17/2021)

May 17, 2021

May 17, 2021

PACER
18

(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER granting 17 Motion to Withdraw 9 Motion for Temporary Restraining Order and Preliminary Injunction. Signed by Judge Lee P. Rudofsky on 05/17/2021. (pgt) (Entered: 05/17/2021)

May 17, 2021

May 17, 2021

PACER
45

MOTION to Appoint Counsel by Ronald J Hamilton. [Docketed pursuant to 36 Order] (jbh) (Entered: 08/24/2021)

May 27, 2021

May 27, 2021

PACER
19

MOTION for Leave to File Plaintiff Steven Hayes' Motion for Leave to File Second Amended Complaint by Steven C Hayes (Keller, Thomas) (Entered: 05/28/2021)

May 28, 2021

May 28, 2021

PACER
20

BRIEF IN SUPPORT re 19 Motion for Leave to File Plaintiff Steven Hayes' Consolidated Brief in Support of Motion for Leave to File Second Amended Complaint and Response in Opposition to Defendant's Motion to Dismiss filed by Steven C Hayes. (Keller, Thomas) (Entered: 05/28/2021)

May 28, 2021

May 28, 2021

PACER
21

Unopposed MOTION for Extension of Time to File Response/Reply as to 19 MOTION for Leave to File Plaintiff Steven Hayes' Motion for Leave to File Second Amended Complaint by Leslie Rutledge (Jacobs, Dylan) (Entered: 06/09/2021)

June 9, 2021

June 9, 2021

PACER
22

(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER granting 21 Motion for Extension of Time to File Response to 19 MOTION for Leave to File Second Amended Complaint. Response due by 6/18/2021. Signed by Judge Lee P. Rudofsky on 6/9/2021. (hml) (Entered: 06/09/2021)

June 9, 2021

June 9, 2021

PACER
23

RESPONSE in Opposition re 19 MOTION for Leave to File Plaintiff Steven Hayes' Motion for Leave to File Second Amended Complaint filed by Leslie Rutledge. (Jacobs, Dylan) (Entered: 06/21/2021)

June 21, 2021

June 21, 2021

PACER
24

MOTION for Leave to File Steven C. Hayes' Motion for Leave to File Reply in Support of Motion for Leave to File Second Amended Complaint by Steven C Hayes (Attachments: # 1 Exhibit Exhibit 1)(Keller, Thomas) (Entered: 06/23/2021)

June 23, 2021

June 23, 2021

PACER
25

(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER granting 24 Motion for Leave to File Reply in Support of Motion for Leave to File Second Amended Complaint. Signed by Judge Lee P. Rudofsky on 6/25/2021. (hml) (Entered: 06/25/2021)

June 25, 2021

June 25, 2021

PACER
26

REPLY to Response to Motion re 19 MOTION for Leave to File Plaintiff Steven Hayes' Motion for Leave to File Second Amended Complaint Plaintiff Steven Hayes' Reply in Support of Motion for Leave to File Second Amended Complaint filed by Steven C Hayes. (Keller, Thomas) (Entered: 06/25/2021)

June 25, 2021

June 25, 2021

PACER
27

(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER granting 19 Motion for Leave to File the Second Amended Complaint. Under the liberal Rule 15 amendment standard, allowing this Amendment is appropriate for the reasons set forth in Section 1 of Plaintiff's 26 Reply. Moreover, the Court does not agree with Defendants that allowing this Amendment violates the PLRA. With respect to exhaustion, the Court believes both Parties have fair arguments. The Court believes that the most efficient way to proceed is to allow the Amendment and test the exhaustion issue if and when Defendants assert it (along with whatever other arguments Defendants may have) in an Amended Motion to Dismiss. The Amended Motion to Dismiss is due within 7 days of the date of this Order. Any Response will be due 7 days after the Amended Motion to Dismiss is filed. A Reply will be allowed and is due 5 days after the Response is filed. Signed by Judge Lee P. Rudofsky on 07/01/2021. (bgr) (Entered: 07/01/2021)

July 1, 2021

July 1, 2021

PACER
28

Unopposed MOTION to Extend Time to File Motion to Dismiss Plaintiff's Second Amended Complaint by All Defendants (Jacobs, Dylan) (Entered: 07/02/2021)

July 2, 2021

July 2, 2021

PACER
29

(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER granting 28 Unopposed Motion to Extend Time. Signed by Judge Lee P. Rudofsky on 07/06/2021. (bgr) (Entered: 07/06/2021)

July 6, 2021

July 6, 2021

PACER
30

SUMMONS Returned Executed. Leslie Rutledge served on 6/1/2021. (mdo) (Entered: 07/06/2021)

July 6, 2021

July 6, 2021

PACER
49

MOTION for Leave to Proceed in forma pauperis by Paul Latham. [Docketed pursuant to 36 Order] (jbh) (Entered: 08/24/2021)

July 8, 2021

July 8, 2021

PACER
46

MOTION to Amend/Correct Complaint by Ronald J Hamilton. [Docketed pursuant to 36 Order] (jbh) (Entered: 08/24/2021)

July 16, 2021

July 16, 2021

PACER
41

MOTION to Amend/Correct Complaint by William Hufford. [Docketed pursuant to 36 Order] (jbh) (Entered: 08/24/2021)

July 19, 2021

July 19, 2021

PACER
31

SECOND AMENDED COMPLAINT for Declaratory and Injunctive Relief against Solomon Graves, Dexter Payne, filed by Steven C Hayes. Summons issued as to defendants Dexter Payne, Solomon Graves and returned to plaintiff's counsel.(mdo) (Entered: 07/22/2021)

July 22, 2021

July 22, 2021

PACER
43

MOTION to Amend Complaint by Rodney Johnson. [Docketed pursuant to 36 Order] (jbh) (Entered: 08/24/2021)

July 22, 2021

July 22, 2021

PACER
37

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Lindsy, Madden, Mahoney, Barbara Smallwood. [Docketed pursuant to 36 Order] (jbh) (Entered: 08/24/2021)

July 26, 2021

July 26, 2021

PACER
32

NOTICE of Appearance by Vincent P. France on behalf of Solomon Graves, Dexter Payne, Leslie Rutledge (France, Vincent) (Entered: 08/05/2021)

Aug. 5, 2021

Aug. 5, 2021

PACER
33

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by All Defendants (France, Vincent) (Entered: 08/05/2021)

Aug. 5, 2021

Aug. 5, 2021

PACER
34

BRIEF IN SUPPORT re 33 Motion to Dismiss for Failure to State a Claim filed by All Defendants. (France, Vincent) (Entered: 08/05/2021)

Aug. 5, 2021

Aug. 5, 2021

PACER
42

MOTION to Appoint Counsel by William Hufford. [Docketed pursuant to 36 Order] (jbh) (Entered: 08/24/2021)

Aug. 16, 2021

Aug. 16, 2021

PACER
44

MOTION to Appoint Counsel by Rodney Johnson. [Docketed pursuant to 36 Order] (jbh) (Entered: 08/24/2021)

Aug. 16, 2021

Aug. 16, 2021

PACER
47

MOTION to Amend Complaint by Isaiah Z Williams. [Docketed pursuant to 36 Order] (jbh) (Entered: 08/24/2021)

Aug. 16, 2021

Aug. 16, 2021

PACER
38

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Asa Hutchinson, Dexter Payne. [Docketed pursuant to 36 Order] (jbh) (Entered: 08/24/2021)

Aug. 17, 2021

Aug. 17, 2021

PACER
55

MOTION for Leave to Proceed in forma pauperis by Bryan K Abston. (jak) [Docketed per 6 Order in Case No. 4:21-cv-00729](jak) (Entered: 08/26/2021)

Aug. 17, 2021

Aug. 17, 2021

PACER
35

RESPONSE in Opposition re 33 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Steven C Hayes. (Tull, John) (Entered: 08/19/2021)

Aug. 19, 2021

Aug. 19, 2021

PACER
39

MOTION for Temporary Restraining Order or Alternatively, for Preliminary Injunction by Anthony D Lamar. [Docketed pursuant to 36 Order] (jbh) (Entered: 08/24/2021)

Aug. 19, 2021

Aug. 19, 2021

PACER
36

ORDER: There are a large number of cases before me that bring various challenges to Arkansas Act 1110 of 2021 and the resulting diversion of payments from the federal government to inmates under the Coronavirus Aid, Relief, and Economic Security (CARES) Act, the Consolidated Appropriations Act, and the American Rescue Plan Act (ARPA). I am going to consolidate these cases for all pre-trial purposes under the docket in Hayes v. Rutledge, 4:21-cv-00347-LPR. The State must provide a response to Mr. Lamar's Motion for Preliminary Injunction on or before 8/30/2021. The Court will hold a joint hearing on the Motion to Dismiss in Hayes and the Motions for Preliminary Injunction in Lamar and Holloway on 8/31/2021 at 10:00 AM. Signed by Judge Lee P. Rudofsky on 8/23/2021. (jbh) (Entered: 08/23/2021)

Aug. 23, 2021

Aug. 23, 2021

Clearinghouse
48

MOTION for Status by Isaiah Z Williams. [Docketed pursuant to 36 Order] (jbh) (Entered: 08/24/2021)

Aug. 23, 2021

Aug. 23, 2021

PACER
50

MOTION for Temporary Restraining Order and Preliminary Injunction by Billy Joe Grantham. (kdr) (Entered: 08/24/2021)

Aug. 23, 2021

Aug. 23, 2021

PACER
51

BRIEF IN SUPPORT of 50 Motion for TRO and Preliminary Injunction filed by Billy Joe Grantham. (kdr) (Entered: 08/24/2021)

Aug. 23, 2021

Aug. 23, 2021

PACER
52

MOTION to Appoint Counsel by Billy Joe Grantham. (kdr) (Entered: 08/24/2021)

Aug. 23, 2021

Aug. 23, 2021

PACER
53

MOTION for Leave to File Amended Complaint by Billy Joe Grantham. (Attachments: # 1 Proposed First Amended Complaint)(kdr) (Entered: 08/24/2021)

Aug. 23, 2021

Aug. 23, 2021

PACER
119

MOTION for Leave to Proceed in forma pauperis by Eddie S Watkins. (Docketed pursuant to 36 Order. Originally filed in member case 4:21-cv-00756-LPR.) (cmn) (Entered: 10/06/2021)

Aug. 23, 2021

Aug. 23, 2021

PACER
120

MOTION for Leave to Proceed in forma pauperis by Steven Vann. (Docketed pursuant to 36 Order. Originally filed in member case 4:21-cv-00760-LPR.) (cmn) (Entered: 10/06/2021)

Aug. 23, 2021

Aug. 23, 2021

PACER
54

MOTION to Hold Defendants' 38 Motion to Dismiss in Abeyance; or Alternatively MOTION for a 60 Day Extension of Time to File Response by Anthony D Lamar. (llg) (Entered: 08/25/2021)

Aug. 25, 2021

Aug. 25, 2021

PACER
56

RESPONSE in Opposition re 39 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by Asa Hutchinson, Dexter Payne. (France, Vincent) (Entered: 08/27/2021)

Aug. 27, 2021

Aug. 27, 2021

PACER
57

NOTICE of Appearance by Vincent P. France on behalf of Lindsy, Madden, Mahoney, Barbara Smallwood (France, Vincent) (Entered: 08/30/2021)

Aug. 30, 2021

Aug. 30, 2021

PACER
58

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Lindsy, Madden, Mahoney, Barbara Smallwood (France, Vincent) (Entered: 08/30/2021)

Aug. 30, 2021

Aug. 30, 2021

PACER
59

BRIEF IN SUPPORT re 58 Motion to Dismiss for Failure to State a Claim and Response to Motion filed by Lindsy, Madden, Mahoney and Barbara Smallwood. (France, Vincent) Docket text modified on 8/30/2021 to correct description. (kbc) (Entered: 08/30/2021)

Aug. 30, 2021

Aug. 30, 2021

PACER
60

NOTICE of Appearance by Vincent P. France on behalf of Lindsy, Madden, Mahoney, Barbara Smallwood (France, Vincent) (Entered: 08/30/2021)

Aug. 30, 2021

Aug. 30, 2021

PACER
61

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Lindsy, Madden, Mahoney, Barbara Smallwood (France, Vincent) (Entered: 08/30/2021)

Aug. 30, 2021

Aug. 30, 2021

PACER
62

BRIEF IN SUPPORT re 61 Motion to Dismiss for Failure to State a Claim and Response to Plaintiff's Motion for Preliminary Injunction filed by Lindsy, Madden, Mahoney, Barbara Smallwood. (France, Vincent) (Entered: 08/30/2021)

Aug. 30, 2021

Aug. 30, 2021

PACER
63

NOTICE of Appearance by Vincent P. France on behalf of Lindsy, Madden, Mahoney, Barbara Smallwood (France, Vincent) (Entered: 08/30/2021)

Aug. 30, 2021

Aug. 30, 2021

PACER
64

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Lindsy, Madden, Mahoney, Barbara Smallwood (France, Vincent) (Entered: 08/30/2021)

Aug. 30, 2021

Aug. 30, 2021

PACER
65

BRIEF IN SUPPORT re 64 Motion to Dismiss for Failure to State a Claim and Response to Plaintiff's Motion for Preliminary Injunction filed by Lindsy, Madden, Mahoney, Barbara Smallwood. (France, Vincent) (Entered: 08/30/2021)

Aug. 30, 2021

Aug. 30, 2021

PACER
66

NOTICE of Appearance by Vincent P. France on behalf of Lindsy, Madden, Mahoney, Barbara Smallwood (France, Vincent) (Entered: 08/30/2021)

Aug. 30, 2021

Aug. 30, 2021

PACER
67

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Lindsy, Madden, Mahoney, Barbara Smallwood (France, Vincent) (Entered: 08/30/2021)

Aug. 30, 2021

Aug. 30, 2021

PACER
68

BRIEF IN SUPPORT re 67 Motion to Dismiss for Failure to State a Claim and Response to Plaintiff's Motion for Preliminary Injunction filed by Lindsy, Madden, Mahoney, Barbara Smallwood. (France, Vincent) (Entered: 08/30/2021)

Aug. 30, 2021

Aug. 30, 2021

PACER
69

NOTICE OF DOCKET CORRECTION re 59 Brief in Support. CORRECTION: The docket text was modified to correct the description to indicate "filed by Lindsy, Madden, Mahoney and Barbara Smallwood" based on the attached correspondence. (kbc) (Entered: 08/30/2021)

Aug. 30, 2021

Aug. 30, 2021

PACER
70

MOTION for Temporary Restraining Order and Motion for Preliminary Injunction by Billy Joe Grantham. (kdr) (Entered: 08/30/2021)

Aug. 30, 2021

Aug. 30, 2021

PACER
71

BRIEF IN SUPPORT of 70 Motion for TRO and Motion for Preliminary Injunction filed by Billy Joe Grantham. (kdr) (Entered: 08/30/2021)

Aug. 30, 2021

Aug. 30, 2021

PACER
72

MOTION for Leave to File Amended Complaint by Billy Joe Grantham. (Attachments: # 1 Proposed First Amended Complaint for Declaratory and Injunctive Relief)(kdr) (Entered: 08/30/2021)

Aug. 30, 2021

Aug. 30, 2021

PACER
73

Minute Entry for proceedings held before Judge Lee P. Rudofsky: Motion hearing held on Motions to Dismiss and Motions for Preliminary Injunction. Arguments made. The Court will hold the motions in abeyance until Friday, September 3, 2021. An order is forthcoming. Pl: Thomas Keller for Shawn Hayes, Winston Holloway, Pro Se and Anthony Lamar, Pro Se; Dfts: Vincent France and Kesia Morrison. (Court Reporter Kathleen Maloney.) (mmb) (Entered: 08/31/2021)

Aug. 31, 2021

Aug. 31, 2021

PACER
121

MOTION for Leave to Proceed in forma pauperis by Kenneth Eugene Jackson. (Docketed pursuant to 36 Order. Originally filed in member case 4:21-cv-00775-LPR.) (cmn) (Entered: 10/06/2021)

Sept. 1, 2021

Sept. 1, 2021

PACER
74

NOTICE by All Defendants (Attachments: # 1 Exhibit Declaration of Jeffrey Jerry)(France, Vincent) (Entered: 09/02/2021)

Sept. 2, 2021

Sept. 2, 2021

PACER
75

MOTION to Appoint Counsel by Isaiah Z Williams. (kdr) (Entered: 09/02/2021)

Sept. 2, 2021

Sept. 2, 2021

PACER
76

MOTION for Status Update and Motion to Appoint Counsel by Bradley Berry. (kdr) (Entered: 09/02/2021)

Sept. 2, 2021

Sept. 2, 2021

PACER
77

INTERROGATORIES by Bradley Berry.(kdr) (Entered: 09/02/2021)

Sept. 2, 2021

Sept. 2, 2021

PACER
78

Mail Returned Undeliverable as to Ron Huggins re 69 Notice of Docket Correction re 59 Brief in Support. (fjg) (Entered: 09/03/2021)

Sept. 3, 2021

Sept. 3, 2021

PACER
79

ORDER granting 39 Motion for Preliminary Injunction. Signed by Judge Lee P. Rudofsky on 09/03/2021. (ajt) (Entered: 09/03/2021)

Sept. 3, 2021

Sept. 3, 2021

Clearinghouse
80

MOTION to Include Missing Exhibits to Missing Brief in Support of TRO by Billy Joe Grantham. (cmn) (Entered: 09/08/2021)

Sept. 8, 2021

Sept. 8, 2021

PACER
81

MOTION to Include Missing Exhibits to First Amended Complaint by Billy Joe Grantham. (llg) (Entered: 09/09/2021)

Sept. 8, 2021

Sept. 8, 2021

PACER
82

Mail Returned Undeliverable as to Ron Huggins re 70 Motion for Temporary Restraining Order, 71 Brief in Support of 70 Motion for TRO, 72 Motion for Leave to File Amended Complaint. (fjg) (Entered: 09/09/2021)

Sept. 9, 2021

Sept. 9, 2021

PACER
83

MOTION to Dismiss a Defendant by Bradley Berry. (llg) (Entered: 09/09/2021)

Sept. 9, 2021

Sept. 9, 2021

PACER
84

EVIDENCE by Steven Vann. (llg) (Entered: 09/09/2021)

Sept. 9, 2021

Sept. 9, 2021

PACER
85

MOTION to Appoint Counsel and INTERROGATORIES by Eddie Wardwell. (llg) (Entered: 09/09/2021)

Sept. 9, 2021

Sept. 9, 2021

PACER
116

MOTION for Leave to Proceed in forma pauperis by Mark Alan McKusker. (Docketed pursuant to 36 Order. Original filed in member case 4:21-cv-00802-LPR.) (cmn) (Entered: 10/06/2021)

Sept. 9, 2021

Sept. 9, 2021

PACER
86

MOTION to Withdraw as Attorney by Steven C Hayes (Keller, Thomas) (Entered: 09/10/2021)

Sept. 10, 2021

Sept. 10, 2021

PACER
87

(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER granting 86 Motion to Withdraw as Attorney. Attorney Thomas Christoph Keller terminated. Signed by Judge Lee P. Rudofsky on 9/10/2021. (hml) (Entered: 09/10/2021)

Sept. 10, 2021

Sept. 10, 2021

PACER
117

MOTION for Leave to Proceed in forma pauperis by Luther W Dillon. (Docketed pursuant to 36 Order. Originally filed in member case 4:21-cv-00809-LPR.) (cmn) (Entered: 10/06/2021)

Sept. 13, 2021

Sept. 13, 2021

PACER
118

MOTION for Cease-and-Desist Order by Luther W Dillon. (Docketed pursuant to 36 Order. Originally filed in member case 4:21-cv-00809-KGB.) (cmn) (Entered: 10/06/2021)

Sept. 13, 2021

Sept. 13, 2021

PACER
88

Mail Returned Undeliverable as to Ron Huggins re 73 Minute Entry for proceedings held before Judge Lee P. Rudofsky. (fjg) (Entered: 09/15/2021)

Sept. 15, 2021

Sept. 15, 2021

PACER
89

MOTION for Copies by Steven Vann. (kdr) (Entered: 09/16/2021)

Sept. 16, 2021

Sept. 16, 2021

PACER
90

MOTION for Copies by Eddie S Watkins. (kdr) (Entered: 09/16/2021)

Sept. 16, 2021

Sept. 16, 2021

PACER
91

Mail Returned Undeliverable as to John Hayes re 79 Order. (fjg) (Entered: 09/20/2021)

Sept. 20, 2021

Sept. 20, 2021

PACER
92

Mail Returned Undeliverable as to Ron Huggins re 81 Motion to Include Missing Exhibits, 83 Motion to Dismiss. (fjg) (Entered: 09/20/2021)

Sept. 20, 2021

Sept. 20, 2021

PACER

Case Details

State / Territory: Arkansas

Case Type(s):

Public Benefits/Government Services

Prison Conditions

Special Collection(s):

COVID-19 (novel coronavirus)

Key Dates

Filing Date: April 30, 2021

Case Ongoing: No reason to think so

Plaintiffs

Plaintiff Description:

Plaintiffs were individuals detained in Arkansas Correctional Facilities.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Mooted before ruling

Defendants

Director (Pine Bluff, Jefferson), State

Secretary (North Little Rock, Pulaski), State

Defendant Type(s):

Jurisdiction-wide

Corrections

Case Details

Causes of Action:

42 U.S.C. § 1983

Declaratory Judgment Act, 28 U.S.C. § 2201

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Due Process

Due Process: Procedural Due Process

Due Process: Substantive Due Process

Supremacy Clause

Takings

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Mixed

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Preliminary injunction / Temp. restraining order

Declaratory Judgment

Source of Relief:

Litigation

Content of Injunction:

Preliminary relief granted

Issues

General:

Fines/Fees/Bail/Bond

Type of Facility:

Government-run

Benefit Source:

American Rescue Plan (ARP)

CARES Act (Covid-related)