COVINGTON v. WALLACE

No. 2:12-cv-123-DPM.

GARY COVINGTON, on behalf of himself and all others similarly situated, Plaintiff, v. ULESS WALLACE, HERMAN HALL, and NEAL BYRD, all in their official capacities, Defendants.

United States District Court, E.D. Arkansas, Eastern Division.

October 15, 2014.


Attorney(s) appearing for the Case

Gary Covington, Plaintiff, represented by Luther Oneal Sutter , Sutter & Gillham, PLLC.

Uless Wallace, Defendant, represented by Sara Teague , Arkansas Municipal League.

Neal Byrd, Defendant, represented by Nicholas Rudolph Windle & C. Burt Newell , C. Burt Newell, Attorney at Law.

Herman Hall, Defendant, represented by Sara Teague , Arkansas Municipal League.


ORDER

D. P. MARSHALL, Jr., District Judge

1. Background. Covington says his rights were violated when he was held in jail, under unconstitutional conditions, for thirty-nine days without an initial appearance. He sues, on behalf of himself and others similarly situated, under § 1983 and the Arkansas Civil Rights Act. Covington now proposes certification of two classes of pretrial detainees—those who were denied a prompt first appearance...

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