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SIMES v. HUCKABEE

No. 02-3694, 02-3695.

354 F.3d 823 (2004)

Earnest SIMES, Individually and in his official capacity as Justice of the Peace of Phillips County, Arkansas, Plaintiff-Appellant, Geraldine Davis, Individually and in her official capacity as Justice of the Peace of Phillips County, Arkansas; Joseph Dean, Individually and in his official capacity as Justice of the Peace of Phillips County, Arkansas; Clausey Myton, Individually and in his official capacity as Justice of the Peace of Phillips County, Arkansas; Arlanda Jacobs, Individually and in her official capacity as Justice of the Peace of Phillips County, Arkansas, Appellants, v. Mike HUCKABEE, Governor of the State of Arkansas; Phillips County, Arkansas; Don Gentry, County Judge of Phillips County and Representative of all Arkansas County Judges as a class of defendants; Randall Williams, Honorable, Special Appointed Judge for the First Judicial District in the State of Arkansas; Helena-West Helena-Phillips County Port Authority; Dick Barclay, Director of Finance & Administration; Jimmie Lou Fisher, State Treasurer; Rebecca Gattas, Treasurer of Phillips County, Arkansas and Representative of all Arkansas County Treasurers as a class of defendants, Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: January 13, 2004.

Attorney(s) appearing for the Case

James F. Valley, argued, Helena, AR, for appellant.

Timothy Gauge, argued, Little Rock, AR, for appellee.

Before BYE, HANSEN, and RILEY, Circuit Judges.

BYE, Circuit Judge.

Appellants, five members of the Phillips County, Arkansas, Quorum Court ("QC") appeal the district court's grant of summary judgment for defendants, various Arkansas state and county officials. Appellants' federal civil rights and constitutional claims arose from their four-day incarceration for refusing to vote in favor of an ordinance that would have referred a tax initiative to Phillips County voters. The district court held it lacked jurisdiction...

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