Case: Human Rights Defense Center v. Baxter County, Arkansas

3:17-cv-03070 | U.S. District Court for the Western District of Arkansas

Filed Date: Aug. 21, 2017

Closed Date: March 31, 2023

Clearinghouse coding in progress

Case Summary

A case summary is not yet available via the Clearinghouse.

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/6266200/parties/human-rights-defense-center-v-baxter-county-arkansas/


Attorney for Plaintiff

Fischbein, Hara (Arkansas)

Hurst, E.J. Hurst

Hurst, E J (Arkansas)

James, Paul J.

Attorney for Defendant

Diaz, Thomas J. (Arkansas)

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Documents in the Clearinghouse

No documents yet available via the Clearinghouse.

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6266200/human-rights-defense-center-v-baxter-county-arkansas/

Last updated Nov. 22, 2025, 3:03 p.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT with Jury Demand against Baxter County, Arkansas, Does 1-10, Brad Lewis, John Montgomery, Eric Neal ( Filing fee $ 400 receipt number 5006446), filed by Human Rights Defense Center.(tg) (Entered: 08/21/2017)

Aug. 21, 2017

Aug. 21, 2017

2

CIVIL COVER SHEET for case initiated by Human Rights Defense Center. (tg) (Entered: 08/21/2017)

Aug. 21, 2017

Aug. 21, 2017

3

THE DOCUMENT IS RESTRICTED TO COURT USERS AND CASE PARTICIPANTS. Summons Issued as to Baxter County, Arkansas, Brad Lewis, John Montgomery, Eric Neal and returned to attorney or plaintiff for service. (tg) (Entered: 08/21/2017)

Aug. 21, 2017

Aug. 21, 2017

4

Magistrate Notice/Consent Furnished. (tg) (Entered: 08/21/2017)

Aug. 21, 2017

Aug. 21, 2017

TEXT ONLY CLERK'S NOTICE re Multiple Attorneys Listed on Pleading directed to Plaintiff Human Rights Defense Center. Complaint 1 lists multiple attorneys appearing for the filer. The following attorney(s), who did not sign the pleading, must enter a separate Notice of Appearance in order to receive electronic notification of future activity in the case: James Carter & Sabarish Neelakanta. (rg)

Aug. 22, 2017

Aug. 22, 2017

Clerk's Notice re Multiple Attorneys Listed on Pleading

Aug. 22, 2017

Aug. 22, 2017

5

MOTION for Attorney Bruce E.H. Johnson to Appear Pro Hac Vice . (PHV Application fee paid $ 100; receipt number 0861-1578049) by Human Rights Defense Center. (Johnson, Bruce) (Entered: 08/23/2017)

Aug. 23, 2017

Aug. 23, 2017

10

NOTICE of Appearance by Daniel Marshall on behalf of Human Rights Defense Center. (Marshall, Daniel) (Entered: 08/24/2017)

Aug. 24, 2017

Aug. 24, 2017

6

TEXT ONLY ORDER GRANTING 5 Motion to Appear Pro Hac Vice. Bruce E.H. Johnson is directed to immediately register as a CM/ECF user if he has not already done so and enter his appearance in this matter. Signed by Honorable Timothy L. Brooks on August 24, 2017. (slc) (Entered: 08/24/2017)

Aug. 24, 2017

Aug. 24, 2017

7

NOTICE of Appearance by Bruce E. H. Johnson on behalf of Human Rights Defense Center. (Johnson, Bruce) (Entered: 08/24/2017)

Aug. 24, 2017

Aug. 24, 2017

8

MOTION for Attorney Daniel Marshall to Appear Pro Hac Vice . (PHV Application fee paid $ 100; receipt number 0861-1578590) by Human Rights Defense Center. (Marshall, Daniel) (Entered: 08/24/2017)

Aug. 24, 2017

Aug. 24, 2017

9

TEXT ONLY ORDER GRANTING 8 Motion to Appear Pro Hac Vice. Daniel Marshall is directed to immediately register as a CM/ECF user if he has not already done so and enter his appearance in this matter. Signed by Honorable Timothy L. Brooks on August 24, 2017. (slc) (Entered: 08/24/2017)

Aug. 24, 2017

Aug. 24, 2017

Order on Motion to Appear Pro Hac Vice

Aug. 24, 2017

Aug. 24, 2017

11

MOTION for Attorney Masimba M. Mutamba to Appear Pro Hac Vice . (PHV Application fee paid $ 100; receipt number 0861-1579988) by Human Rights Defense Center. (Mutamba, Masimba) (Entered: 08/28/2017)

Aug. 28, 2017

Aug. 28, 2017

12

TEXT ONLY ORDER GRANTING 11 Motion to Appear Pro Hac Vice. Masimba M. Mutamba is directed to immediately register as a CM/ECF user if he has not already done so and enter his appearance in this matter. Signed by Honorable Timothy L. Brooks on August 28, 2017. (slc) (Entered: 08/28/2017)

Aug. 28, 2017

Aug. 28, 2017

13

NOTICE of Appearance by Masimba M. Mutamba on behalf of Human Rights Defense Center. (Mutamba, Masimba) (Entered: 08/28/2017)

Aug. 28, 2017

Aug. 28, 2017

Order on Motion to Appear Pro Hac Vice

Aug. 28, 2017

Aug. 28, 2017

14

AFFIDAVIT of Service for Complaint and Summons, filed by Human Rights Defense Center. John Montgomery served on 8/31/2017, answer due 9/21/2017. (Attachments: # 1 Exhibit)(James, Paul) (Entered: 09/07/2017)

Sept. 7, 2017

Sept. 7, 2017

15

AFFIDAVIT of Service for Complaint and Summons, filed by Human Rights Defense Center. Brad Lewis served on 8/31/2017, answer due 9/21/2017. (Attachments: # 1 Exhibit)(James, Paul) (Entered: 09/07/2017)

Sept. 7, 2017

Sept. 7, 2017

16

AFFIDAVIT of Service for Complaint and Summons, filed by Human Rights Defense Center. Baxter County, Arkansas served on 8/31/2017, answer due 9/21/2017. (Attachments: # 1 Exhibit)(James, Paul) (Entered: 09/07/2017)

Sept. 7, 2017

Sept. 7, 2017

17

AFFIDAVIT of Service for Complaint and Summons, filed by Human Rights Defense Center. Eric Neal served on 8/31/2017, answer due 9/21/2017. (Attachments: # 1 Exhibit)(James, Paul) (Entered: 09/07/2017)

Sept. 7, 2017

Sept. 7, 2017

18

MOTION to Dismiss for Failure to State a Claim by Baxter County, Arkansas, Brad Lewis, John Montgomery, Eric Neal. (Owens, Jason) (Entered: 09/21/2017)

Sept. 21, 2017

Sept. 21, 2017

19

MEMORANDUM BRIEF in Support of 18 MOTION to Dismiss for Failure to State a Claim by Baxter County, Arkansas, Brad Lewis, John Montgomery, Eric Neal. (Owens, Jason) (Entered: 09/21/2017)

Sept. 21, 2017

Sept. 21, 2017

20

ANSWER to 1 Complaint with Jury Demand by Baxter County, Arkansas, Brad Lewis, John Montgomery, Eric Neal.(Owens, Jason) (Entered: 09/21/2017)

Sept. 21, 2017

Sept. 21, 2017

21

MOTION for Attorney Sabarish P. Neelakanta to Appear Pro Hac Vice . (PHV Application fee paid $ 100; receipt number 0861-1594048) by Human Rights Defense Center. (Neelakanta, Sabarish) (Entered: 09/22/2017)

Sept. 22, 2017

Sept. 22, 2017

22

INITIAL SCHEDULING ORDER: Case Management Hearing set for 11/28/2017 03:00 PM in Fayetteville -- 5th flr (Rm 509) before Honorable Timothy L. Brooks. Rule 26 Meeting Report due by 10/27/2017. Signed by Honorable Timothy L. Brooks on September 22, 2017. (slc) (Entered: 09/22/2017)

Sept. 22, 2017

Sept. 22, 2017

23

TEXT ONLY ORDER GRANTING 21 Motion to Appear Pro Hac Vice. Sabarish P. Neelakanta is directed to immediately register as a CM/ECF user if he has not already done so and enter his appearance in this matter. Signed by Honorable Timothy L. Brooks on September 22, 2017. (slc) (Entered: 09/22/2017)

Sept. 22, 2017

Sept. 22, 2017

Order on Motion to Appear Pro Hac Vice

Sept. 22, 2017

Sept. 22, 2017

24

NOTICE of Appearance by Sabarish P. Neelakanta on behalf of Human Rights Defense Center. (Neelakanta, Sabarish) (Entered: 09/25/2017)

Sept. 25, 2017

Sept. 25, 2017

25

RESPONSE in Opposition re 18 MOTION to Dismiss for Failure to State a Claim filed by Human Rights Defense Center. (Marshall, Daniel) (Entered: 10/05/2017)

Oct. 5, 2017

Oct. 5, 2017

26

First MOTION for Preliminary Injunction by Human Rights Defense Center. (Attachments: # 1 Affidavit Decl. of Paul Wright, # 2 Affidavit Decl. of John Clark, # 3 Exhibit Urban Policy Institute, # 4 Exhibit ABA Standards, # 5 Exhibit ICE Policy)(Marshall, Daniel) (Entered: 10/09/2017)

Oct. 9, 2017

Oct. 9, 2017

27

CERTIFICATE by Human Rights Defense Center Certificate of Service. (Marshall, Daniel) (Entered: 10/09/2017)

Oct. 9, 2017

Oct. 9, 2017

28

MOTION for Leave to File Reply to Plaintiff's Response to Defendants' Motion to Dismiss by Baxter County, Arkansas, Brad Lewis, John Montgomery, Eric Neal. (Attachments: # 1 Exhibit 1)(Owens, Jason) (Entered: 10/12/2017)

Oct. 12, 2017

Oct. 12, 2017

29

Corporate Disclosure Statement by Human Rights Defense Center. (Marshall, Daniel) (Entered: 10/12/2017)

Oct. 12, 2017

Oct. 12, 2017

30

TEXT ONLY ORDER GRANTING 28 MOTION for Leave to File Reply to Plaintiff's Response to Defendants' Motion to Dismiss. Signed by Honorable Timothy L. Brooks on October 13, 2017. (slc) (Entered: 10/13/2017)

Oct. 13, 2017

Oct. 13, 2017

Order on Motion for Leave to File

Oct. 13, 2017

Oct. 13, 2017

31

REPLY to Response to Motion re 18 MOTION to Dismiss for Failure to State a Claim filed by Baxter County, Arkansas, Brad Lewis, John Montgomery, Eric Neal. (Owens, Jason) (Entered: 10/16/2017)

Oct. 16, 2017

Oct. 16, 2017

32

MOTION for Leave to File Sur-reply by Human Rights Defense Center. (Attachments: # 1 Exhibit Sur-reply)(Marshall, Daniel) (Entered: 10/20/2017)

Oct. 20, 2017

Oct. 20, 2017

33

RESPONSE to Motion re 26 First MOTION for Preliminary Injunction filed by Baxter County, Arkansas, Brad Lewis, John Montgomery, Eric Neal. (Owens, Jason) (Entered: 10/23/2017)

Oct. 23, 2017

Oct. 23, 2017

34

TEXT ONLY ORDER GRANTING Plaintiff's 32 Motion for Leave to File Sur-Reply. NOTE: Plaintiff must file the Sur-Reply attached to the Motion on or before OCTOBER 27, 2017. Signed by Honorable Timothy L. Brooks on October 26, 2017. (slc) (Entered: 10/26/2017)

Oct. 26, 2017

Oct. 26, 2017

35

RESPONSE to Motion re 18 MOTION to Dismiss for Failure to State a Claim (Sur-Reply) filed by Human Rights Defense Center. (Marshall, Daniel) (Entered: 10/26/2017)

Oct. 26, 2017

Oct. 26, 2017

Order on Motion for Leave to File

Oct. 26, 2017

Oct. 26, 2017

36

MOTION to Stay by Baxter County, Arkansas, Brad Lewis, John Montgomery, Eric Neal. (Owens, Jason) (Entered: 10/27/2017)

Oct. 27, 2017

Oct. 27, 2017

37

MEMORANDUM BRIEF in Support of 36 MOTION to Stay by Baxter County, Arkansas, Brad Lewis, John Montgomery, Eric Neal. (Owens, Jason) (Entered: 10/27/2017)

Oct. 27, 2017

Oct. 27, 2017

38

JOINT REPORT of Rule 26(f) Planning Meeting by Human Rights Defense Center. (Marshall, Daniel) (Entered: 10/27/2017)

Oct. 27, 2017

Oct. 27, 2017

39

MOTION for Leave to File Reply to Response to Motion for Preliminary Injunction by Human Rights Defense Center. (Attachments: # 1 Exhibit Reply to Response to PI Motion)(Marshall, Daniel) (Entered: 10/30/2017)

Oct. 30, 2017

Oct. 30, 2017

40

RESPONSE in Opposition re 36 MOTION to Stay filed by Human Rights Defense Center. (Marshall, Daniel) (Entered: 11/02/2017)

Nov. 2, 2017

Nov. 2, 2017

41

CERTIFICATE by Human Rights Defense Center Service of Initial Disclosures. (Marshall, Daniel) (Entered: 11/02/2017)

Nov. 2, 2017

Nov. 2, 2017

42

TEXT ONLY ORDER GRANTING 39 Plaintiff's Motion for Leave to File Reply to Defendants' Response to Motion for Preliminary Injunction. Plaintiff's Reply (as attached to the Motion) must be filed on or before NOVEMBER 8, 2017. Signed by Honorable Timothy L. Brooks on November 6, 2017. (slc) (Entered: 11/06/2017)

Nov. 6, 2017

Nov. 6, 2017

43

REPLY to Response to Motion re 26 First MOTION for Preliminary Injunction filed by Human Rights Defense Center. (Marshall, Daniel) (Entered: 11/06/2017)

Nov. 6, 2017

Nov. 6, 2017

Order on Motion for Leave to File

Nov. 6, 2017

Nov. 6, 2017

44

OPINION AND ORDER granting in part and denying in part 36 Motion to Stay. Signed by Honorable Timothy L. Brooks on November 21, 2017. (tg) (tg). (Entered: 11/21/2017)

Nov. 21, 2017

Nov. 21, 2017

RECAP
45

TEXT ONLY Minute Entry for proceedings held before Honorable Timothy L. Brooks: Case Management Hearing held on 11/28/2017. (Dana Hayden-Court Reporter)(Proceedings held in Fayetteville-Room 509) (slc) (Entered: 11/28/2017)

Nov. 28, 2017

Nov. 28, 2017

Case Management Hearing

Nov. 28, 2017

Nov. 28, 2017

46

NOTICE OF FILING OFFICIAL TRANSCRIPT of Motion/Case Management Hearing held on November 28, 2017, before Judge Timothy L. Brooks. Court Reporter/Transcriber: Dana M. Hayden, Telephone number 479-695-4460. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber. After the Release of Transcript Restriction deadline, it, or a redacted transcript, may be obtained through the Court Reporter/Transcriber or PACER A Notice of Intent to Request Redaction of the Transcript MUST be filed within 7 calendar days of the filing of the transcript and served manually on the court reporter/transcriber. Redaction Request due 12/22/2017. Redacted Transcript Deadline set for 1/2/2018. Release of Transcript Restriction set for 3/1/2018. (rg) (Entered: 12/01/2017)

Dec. 1, 2017

Dec. 1, 2017

47

CASE MANAGEMENT ORDER: Final Pretrial Conference set for 1/15/2019 09:00 AM in Fayetteville -- 5th flr (Rm 509) before Honorable Timothy L. Brooks. JURY TRIAL set for 1/22/2019 09:00 AM in Fayetteville -- 5th flr (Rm 509) before Honorable Timothy L. Brooks. Signed by Honorable Timothy L. Brooks on December 5, 2017. (slc) (Entered: 12/05/2017)

Dec. 5, 2017

Dec. 5, 2017

48

ORDER Setting Hearing: Settlement Conference set for 11/6/2018 09:00 AM in Fayetteville - 2nd flr (Rm 210) before Honorable Erin L. Wiedemann. Signed by Honorable Erin L. Wiedemann on December 5, 2017. (kht) (Entered: 12/05/2017)

Dec. 5, 2017

Dec. 5, 2017

49

MEMORANDUM OPINION AND ORDER granting in part and denying in part 18 Motion to Dismiss for Failure to State a Claim and denying 26 Motion for Preliminary Injunction. Signed by Honorable Timothy L. Brooks on December 5, 2017. (tg)

Dec. 5, 2017

Dec. 5, 2017

RECAP
50

Supplemental MOTION to Dismiss Case Renewed by Baxter County, Arkansas, Brad Lewis, John Montgomery, Eric Neal. (Owens, Jason) (Entered: 02/16/2018)

Feb. 16, 2018

Feb. 16, 2018

51

MEMORANDUM BRIEF in Support of 50 Supplemental MOTION to Dismiss Case Renewed by Baxter County, Arkansas, Brad Lewis, John Montgomery, Eric Neal. (Owens, Jason) (Entered: 02/16/2018)

Feb. 16, 2018

Feb. 16, 2018

52

RESPONSE IN OPPOSITION TO Motion re 50 Supplemental MOTION to Dismiss Case Renewed filed by Human Rights Defense Center. (Marshall, Daniel) (Entered: 03/02/2018)

March 2, 2018

March 2, 2018

53

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)

May 2, 2018

May 2, 2018

RECAP
54

MOTION to Compel Inspection of Mailroom by Human Rights Defense Center. (Attachments: # 1 Exhibit Email between counsel)(Marshall, Daniel) (Entered: 07/03/2018)

July 3, 2018

July 3, 2018

55

TEXT ONLY ORDER striking 54 Motion to Compel. Plaintiff is directed to follow the instructions set out in paragraph 6(c) of the Court's case management order (Doc. 47). In particular, that section provides that prior to filing any discovery motion, the parties must first schedule a conference call with the Court to seek informal resolution of the dispute.Signed by Honorable Timothy L. Brooks on July 5, 2018. (kce) (Entered: 07/05/2018)

July 5, 2018

July 5, 2018

56

NOTICE of Appearance by Thomas J. Diaz on behalf of Baxter County, Arkansas. (Diaz, Thomas) (Entered: 07/05/2018)

July 5, 2018

July 5, 2018

57

TEXT ONLY ORDER Setting TELEPHONE CONFERENCE re discovery dispute: Telephone Conference set for 7/17/2018 04:00 PM in Fayetteville -- 5th flr (Rm 509) before Honorable Timothy L. Brooks. NOTE: Please provide the Court with your contact information via email (tlbinfo@arwd.uscourts.gov). Signed by Honorable Timothy L. Brooks on July 9, 2018. (slc) (Entered: 07/09/2018)

July 9, 2018

July 9, 2018

58

TEXT ONLY Minute Entry for proceedings held before Honorable Timothy L. Brooks: Telephone Conference held on 7/17/2018. (Dana Hayden-Court Reporter)(Proceedings held in Fayetteville-Room 509) (gg) (Entered: 07/17/2018)

July 17, 2018

July 17, 2018

59

Joint MOTION to Amend/Correct The Case Management Order by Baxter County, Arkansas. (Owens, Jason) (Entered: 07/24/2018)

July 24, 2018

July 24, 2018

60

TEXT ONLY ORDER granting 59 Motion to Amend/Correct. The Case Management Order (Doc. 47) is amended as follows: The deadline to provide expert witness disclosures and reports pursuant to Rule 26(a)(2) is extended to September 5, 2018. The deadline to file rebuttal expert witness disclosures and reports is extended to October 1, 2018. The discovery deadline is extended to October 15, 2018. The deadline to file dispositive and Daubert motions is extended to November 2, 2018. Given these extensions, the Court will also extend the deadline to attend a mandatory settlement conference to December 11, 2018. Signed by Honorable Timothy L. Brooks on August 3, 2018. (kce) (Entered: 08/03/2018)

Aug. 3, 2018

Aug. 3, 2018

61

Joint MOTION for Protective Order by Baxter County, Arkansas. (Attachments: # 1 Exhibit 1 - Proposed Stipulated Protective Order)(Owens, Jason) (Entered: 08/15/2018)

Aug. 15, 2018

Aug. 15, 2018

62

STIPULATED PROTECTIVE ORDER. Signed by Honorable Timothy L. Brooks on August 21, 2018. (tg) (Entered: 08/21/2018)

Aug. 21, 2018

Aug. 21, 2018

RECAP
63

Joint MOTION To Excuse Parties from Settlement Conference by Human Rights Defense Center. (Marshall, Daniel) (Entered: 10/25/2018)

Oct. 25, 2018

Oct. 25, 2018

64

TEXT ONLY ORDER REFERRING MOTION: 63 Joint MOTION To Excuse Parties from Settlement Conference filed by Human Rights Defense Center to Honorable Erin L. Wiedemann. Signed by Honorable Timothy L. Brooks on October 25, 2018. Motions referred to Erin L. Wiedemann.(slc) (Entered: 10/25/2018)

Oct. 25, 2018

Oct. 25, 2018

65

TEXT ONLY ORDER Granting 63 Motion To Excuse Parties from Settlement Conference. Signed by Honorable Erin L. Wiedemann on October 25, 2018. (kas) (Entered: 10/25/2018)

Oct. 25, 2018

Oct. 25, 2018

66

TEXT ONLY ORDER Cancelling Deadline. Settlement Conference scheduled for November 6, 2018, has been cancelled. Signed by Honorable Erin L. Wiedemann on October 25, 2018. (kas) (Entered: 10/25/2018)

Oct. 25, 2018

Oct. 25, 2018

67

MOTION for Summary Judgment by Human Rights Defense Center. (Mutamba, Masimba) (Entered: 11/02/2018)

Nov. 2, 2018

Nov. 2, 2018

68

THE DOCUMENT IS FILED UNDER SEAL WITH THE COURT.MEMORANDUM IN SUPPORT by Human Rights Defense Center. An Order was entered on 8/21/2018 allowing the document(s) to be filed under seal. This docket entry is related to 67 MOTION for Summary Judgment . (Mutamba, Masimba) Modified on 11/5/2018 (tg). Modified on 11/5/2018 to grant applicable party access(lw). (Entered: 11/02/2018)

Nov. 2, 2018

Nov. 2, 2018

69

THE DOCUMENT IS FILED UNDER SEAL WITH THE COURT.STATEMENT OF FACTS by Human Rights Defense Center. An Order was entered on 8/21/2018 allowing the document(s) to be filed under seal. This docket entry is related to 67 MOTION for Summary Judgment, 68 Sealed Document,. (Attachments: # 1 Exhibit A, Baxter County Jail Mail Policy, # 2 Exhibit B, Baxter County Sheriff's Office Press Release, # 3 Exhibit C, Baxter County Operating Budget (2017), # 4 Exhibit D, Baxter County Sheriff's Office Incident Reports, # 5 Exhibit E, Baxter County Jail Webpage, # 6 Exhibit F, Baxter County Sheriff FAQ Webpage, # 7 Exhibit G, Baxter County Jail Inmate Roster, # 8 Exhibit H, Baxter County Jail Mail Inspection Video, # 9 Exhibit I, Deposition of John Montgomery, # 10 Exhibit J, Deposition of Brad Lewis, # 11 Exhibit K, Deposition of Clifford Beck, # 12 Exhibit L, Deposition of Clay Maple, # 13 Exhibit M, Deposition of John Clark, # 14 Exhibit N, Defendant's Responses to Plaintiff's Requests for Admissions, # 15 Exhibit O, Declaration of John Clark and Amended Expert Report, # 16 Exhibit P, Declaration of Kathy Moses, # 17 Exhibit Q, Declaration of Paul Wright in Support of Plaintiff's Motion for Summary Judgment, # 18 Exhibit R: Declaration of Dan Marshall in Support of Plaintiff's Motion for Summary Judgment) (Mutamba, Masimba) Modified on 11/2/2018 to grant applicable party access (hnc). Modified on 11/5/2018 (tg). (Entered: 11/02/2018)

Nov. 2, 2018

Nov. 2, 2018

70

MOTION for Summary Judgment by Baxter County, Arkansas. (Owens, Jason) (Entered: 11/02/2018)

Nov. 2, 2018

Nov. 2, 2018

71

STATEMENT OF FACTS in support of 70 MOTION for Summary Judgment by Baxter County, Arkansas. (Attachments: # 1 Exhibit Exhibit 1 - Affidavit of Sheriff Montgomery, # 2 Exhibit Exhibit 2 - Affidavit of Jeff Eiser)(Owens, Jason) (Entered: 11/02/2018)

Nov. 2, 2018

Nov. 2, 2018

72

MEMORANDUM BRIEF in Support of 70 MOTION for Summary Judgment by Baxter County, Arkansas. (Owens, Jason) (Entered: 11/02/2018)

Nov. 2, 2018

Nov. 2, 2018

TEXT ONLY NOTICE OF RECEIPT OF SEALED PLEADINGS: The following document was received and placed under seal: CD with video marked Entry 69-8 Exhibit H, Baxter County Jail Mail Inspection Video. This CD will be kept in the Clerk's office. (lgd) Modified on 6/19/2019 (src).

Nov. 9, 2018

Nov. 9, 2018

73

RESPONSE IN OPPOSITION TO Motion re 67 MOTION for Summary Judgment filed by Baxter County, Arkansas. (Owens, Jason) (Entered: 11/16/2018)

Nov. 16, 2018

Nov. 16, 2018

74

RESPONSE by Baxter County, Arkansas re 69 Sealed Document,,,,,, . (Attachments: # 1 Exhibit 1 - Relevant Portions of Paul Wright Deposition)(Owens, Jason) (Entered: 11/16/2018)

Nov. 16, 2018

Nov. 16, 2018

75

RESPONSE IN OPPOSITION TO Motion re 70 MOTION for Summary Judgment filed by Human Rights Defense Center. (Marshall, Daniel) (Entered: 11/16/2018)

Nov. 16, 2018

Nov. 16, 2018

76

THE DOCUMENT IS FILED UNDER SEAL WITH THE COURT.STATEMENT OF MATERIAL FACTS by Human Rights Defense Center. An Order was entered on 8/21/2018 allowing the document(s) to be filed under seal. This docket entry is related to 75 Response to Motion. (Attachments: # 1 Exhibit Deposition excerpts - C. Maple, # 2 Exhibit Deposition excerpts - C. Beck, # 3 Exhibit Deposition excerpts - B. Lewis, # 4 Exhibit Deposition excerpts - J. Montgomery) (Marshall, Daniel) Modified on 11/19/2018 to grant applicable party acess (mjm). Modified on 6/19/2019 (src). (Entered: 11/16/2018)

Nov. 16, 2018

Nov. 16, 2018

77

REPLY to Response to Motion re 67 MOTION for Summary Judgment filed by Human Rights Defense Center. (Marshall, Daniel) (Entered: 11/23/2018)

Nov. 23, 2018

Nov. 23, 2018

78

NOTICE by Human Rights Defense Center re 70 MOTION for Summary Judgment of Supplemental Authority (Marshall, Daniel) (Entered: 11/23/2018)

Nov. 23, 2018

Nov. 23, 2018

79

**DISREGARD AT FILER'S REQUEST, PROPER DOCUMENT TO BE REFILED** REPLY to Response to Motion re 67 MOTION for Summary Judgment filed by Baxter County, Arkansas. (Owens, Jason) Modified on 11/26/2018 to add text (hnc). (Entered: 11/26/2018)

Nov. 26, 2018

Nov. 26, 2018

80

REPLY to Response to Motion re 70 MOTION for Summary Judgment filed by Baxter County, Arkansas. (Owens, Jason) (Entered: 11/26/2018)

Nov. 26, 2018

Nov. 26, 2018

81

PRETRIAL DISCLOSURE SHEET by Baxter County, Arkansas. (Owens, Jason) (Entered: 12/18/2018)

Dec. 18, 2018

Dec. 18, 2018

82

PRETRIAL DISCLOSURE SHEET by Human Rights Defense Center. (Marshall, Daniel) (Entered: 12/18/2018)

Dec. 18, 2018

Dec. 18, 2018

83

TEXT ONLY ORDER Resetting Hearings: Pretrial Conference reset for 1/22/2019 09:00 AM in Fayetteville -- 5th flr (Rm 509) before Honorable Timothy L. Brooks. JURY TRIAL reset for three (3) days beginning on 1/30/2019 09:00 AM in Fayetteville -- 5th flr (Rm 509) before Honorable Timothy L. Brooks. NOTE: The deadline to provide Chambers with Exhibit Notebooks is extended to 1/22/19. All other deadlines in the Case Management Order 47 remain. Signed by Honorable Timothy L. Brooks on December 20, 2018. (slc) (Entered: 12/20/2018)

Dec. 20, 2018

Dec. 20, 2018

84

MOTION in Limine by Human Rights Defense Center. (Marshall, Daniel) (Entered: 01/02/2019)

Jan. 2, 2019

Jan. 2, 2019

85

MEMORANDUM BRIEF in Support of 84 MOTION in Limine by Human Rights Defense Center. (Marshall, Daniel) (Entered: 01/02/2019)

Jan. 2, 2019

Jan. 2, 2019

86

RESPONSE IN OPPOSITION TO Motion re 84 MOTION in Limine filed by Baxter County, Arkansas. (Attachments: # 1 Exhibit 1 - Wright Deposition)(Owens, Jason) (Entered: 01/17/2019)

Jan. 17, 2019

Jan. 17, 2019

87

TEXT ONLY Minute Entry for proceedings held before Honorable Timothy L. Brooks: Final Pretrial Conference held on 1/22/2019. (Dana Hayden-Court Reporter)(Proceedings held in Fayetteville-Room 509) (slc) (Entered: 01/22/2019)

Jan. 22, 2019

Jan. 22, 2019

88

First MOTION for Attorney Caesar Kalinowski to Appear Pro Hac Vice . (PHV Application fee paid $ 100; receipt number AARWDC-1853856) by Human Rights Defense Center. (James, Paul) (Entered: 01/22/2019)

Jan. 22, 2019

Jan. 22, 2019

89

MEMORANDUM OPINION AND ORDER granting in part and denying in part 67 Motion for Summary Judgment; granting in part and denying in part 70 Motion for Summary Judgment (see for specifics). Signed by Honorable Timothy L. Brooks on January 22, 2019. (tg) Modified on 5/23/2019 to correct division number (slc). (Entered: 01/22/2019)

Jan. 22, 2019

Jan. 22, 2019

RECAP
90

TEXT ONLY ORDER GRANTING 88 Motion to Appear Pro Hac Vice. Caesar Kalinowski is directed to immediately register for Pro Hac Vice filer access through PACER and enter his appearance in this matter if he has not already done so. Signed by Honorable Timothy L. Brooks on January 23, 2019. (slc) (Entered: 01/23/2019)

Jan. 23, 2019

Jan. 23, 2019

Case Details

State / Territory:

Arkansas

Case Type(s):

Speech and Religious Freedom

Jail Conditions

Key Dates

Filing Date: Aug. 21, 2017

Closing Date: March 31, 2023

Case Ongoing: No

Defendants

Baxter County, Arkansas, County

Case Details

Other Dockets:

Western District of Arkansas 3:17-cv-03070

U.S. Court of Appeals for the Eighth Circuit 23-03586

Available Documents:

Any published opinion

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: Plaintiff