WELLS v. WALKER

No. PB-C-87-384.

671 F.Supp. 624 (1987)

Sue WELLS, Administratrix of the Estate of Laverne Sanderlin, Deceased, Representing Herself, Barbara Patton, John Sanderlin, Tom Sanderlin, and the Estate of the Deceased; and Sue Wells, Barbara Patton, John Sanderlin, and Tom Sanderlin, Individually and as Taxpayers of the State of Arkansas, Plaintiffs, v. Woodson D. WALKER, Bobby L. Roberts, Ph.D., James Mason, A.L. Lockhart, and Clifton Lambert, In their Individual Capacities; and Woodson Walker, Bobby L. Roberts, Ph.D., James Mason, Morris "Jit" H. Dreher, and Donald H. Smith, In their Official Capacities as Members of the Arkansas State Board of Correction, A.L. Lockhart, In his Official Capacity as Director of the Arkansas Department of Correction and the Arkansas Department of Correction, Defendants.

United States District Court, E.D. Arkansas, Pine Bluff Division.

October 16, 1987.


Attorney(s) appearing for the Case

Charles Karr, Fort Smith, Ark., for plaintiffs.

A. Carter Hardage, Asst. Atty. Gen., State of Ark., Little Rock, Ark., for defendants.


MEMORANDUM AND ORDER

HENRY WOODS, District Judge.

The defendants, Woodson D. Walker, Bobby L. Roberts, Morris H. Dreher, James Mason, Don Smith, A.L. Lockhart, Clifton Lambert and the Arkansas Department of Correction have moved to dismiss the complaint against them under Federal Rule of Civil Procedure 12(b)(6). For the reasons that follow the defendants' motion is granted.

I. BACKGROUND

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