Scruggs v. Fitzhugh et al

Arkansas Eastern District Court
Judge:	James M Moody Jr
Case #:	4:23-cv-00166
Nature of Suit	440 Civil Rights - Other Civil Rights
Cause	42:1983 Other Civil Rights

Case Filed:	Mar 02, 2023
Terminated:	Sep 27, 2024

Last checked: Thursday Aug 31, 2023 6:36 AM CDT

Defendant Cabot, City of	Represented By Sara Monaghan Arkansas Municipal League contact info
Defendant Matthew Dillon Fitzhugh	Represented By Sara Monaghan Arkansas Municipal League contact info
Defendant Scott Steely	Represented By Sara Monaghan Arkansas Municipal League contact info
Plaintiff Steven Parker Scruggs	Represented By Lucas Z. Rowan Dodds Kidd Ryan & Rowan contact info

	GPO Sep 27 2024 ORDER granting 18 Defendants' motion for summary judgment; denying 17 Scruggs' motion for partial summary judgment; and directing the Clerk to close the case. Signed by Judge James M. Moody Jr. on 09/27/2024. (llg)
	GPO Sep 27 2024 JUDGMENT: Pursuant to 32 Order entered on this day, Judgment is hereby entered in favor of the Defendants and against the Plaintiff. Signed by Judge James M. Moody Jr. on 09/27/2024. (llg)

Docket last updated: 05/02/2025 11:59 PM CDT

Thursday, January 02, 2025
40		40 appeal USCA Mandate Thu 01/02 11:14 AM MANDATE of USCA in accordance with the judgment of 1/2/2025 as to34 Notice of Appeal filed by Steven Parker Scruggs. (jbh) Related: [-]
39		39 appeal USCA Judgment Thu 01/02 11:11 AM USCA JUDGMENT as to34 Notice of Appeal filed by Steven Parker Scruggs: This appeal is dismissed for failure to prosecute. (jbh) Related: [-]
Wednesday, November 27, 2024
38		38 appeal USCA Order Wed 11/27 11:12 AM ORDER of USCA as to34 Notice of Appeal filed by Steven Parker Scruggs: The appellant has failed to pay to the Clerk of the United States District Court the requisite docketing fees or to file a motion for leave to proceed in forma pauperis, as directed by the 10/28/2024 order. Accordingly, appellant is directed to show cause, within 14 days of the date of this order, why this appeal should not be dismissed for failure to prosecute. (ldb) Related: [-]
Monday, October 28, 2024
37		37 appeal USCA Order Tue 10/29 9:42 AM ORDER of USCA as to34 Notice of Appeal filed by Steven Parker Scruggs: The $605 appellate filing and docketing fee has not been paid and is due. Appellant is directed to either pay the fee in the district court or file a motion for leave to proceed in forma pauperis in the district court within 21 days of the date of this order. If appellant does not pay the fee or move for IFP status by 11/18/2024, an order will be entered directing the appellant to show cause why this appeal should not be dismissed for failure to prosecute. (jbh) Related: [-]
36		36 appeal USCA Docketing Letter Tue 10/29 9:35 AM USCA Docketing Letter as to34 Notice of Appeal filed by Steven Parker Scruggs. USCA Case Number 24-3184 (jbh) Related: [-]
35		35 appeal Notification of Appeal and NOA Supplement Mon 10/28 2:16 PM NOTIFICATION OF APPEAL and NOA SUPPLEMENT as to34 Notice of Appeal re32 Order,33 Judgment. (jbh) Related: [-]
34		34 appeal Notice of Appeal Mon 10/28 12:40 PM Pro Se NOTICE OF APPEAL as to32 Order,33 Judgment by Steven Parker Scruggs. (jbh) (Docket text modified on 10/28/2024 to indicate the document was filed as a Pro Se Notice of Appeal) (jak) Related: [-]
		utility Notice of Docket Correction Mon 10/28 1:43 PM NOTICE OF DOCKET CORRECTION re34 Notice of Appeal. CORRECTION: The docket text was modified to correct the description of the document filed as "Pro Se NOTICE OF APPEAL as to32 Order,33 Judgment by Steven Parker Scruggs."(jak) Related: [-]
Friday, September 27, 2024
33		33 order Judgment Fri 09/27 11:51 AM JUDGMENT: Pursuant to32 Order entered on this day, Judgment is hereby entered in favor of the Defendants and against the Plaintiff. Signed by Judge James M. Moody Jr. on 09/27/2024. (llg) Related: [-]
32		32 11 pgs order Order on Motion for Partial Summary Judgment Order on Motion for Summary Judgment Fri 09/27 11:49 AM ORDER granting18 Defendants' motion for summary judgment; denying17 Scruggs' motion for partial summary judgment; and directing the Clerk to close the case. Signed by Judge James M. Moody Jr. on 09/27/2024. (llg) Related: [-]
Wednesday, August 21, 2024
31		31 order Order 1 - Terminate Hearings Wed 08/21 4:01 PM (This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER canceling the jury trial scheduled to begin September 16, 2024. The trial will be rescheduled for a later date to be determined by the Court. Signed by Judge James M. Moody Jr. on 8/21/2024. (kog) Related: [-]
Tuesday, August 20, 2024
30		30 misc Pretrial Disclosure Sheet Tue 08/20 8:24 AM PRETRIAL DISCLOSURE SHEET by Steven Parker Scruggs. (Rowan, Lucas) Related: [-]
Monday, August 19, 2024
29		29 misc Pretrial Disclosure Sheet Mon 08/19 4:04 PM PRETRIAL DISCLOSURE SHEET by Cabot, City of, Matthew Dillon Fitzhugh, Scott Steely. (Monaghan, Sara) Related: [-]
Friday, August 02, 2024
28		28 respm Reply to Response to Motion Fri 08/02 2:53 PM REPLY to Response to Motion re18 MOTION for Summary Judgment filed by Cabot, City of, Matthew Dillon Fitzhugh, Scott Steely. (Monaghan, Sara) Related: [-]
Monday, July 29, 2024
27		27 utility Notice of Docket Correction Mon 07/29 9:07 AM NOTICE OF DOCKET CORRECTION re25 Response. CORRECTION: The original Exhibit 1 was submitted in error (wrong image file). The correct Exhibit 1 was added to25 based on the attached correspondence. (kbc) Related: [-]
26		26 misc Response to Statement of Facts Mon 07/29 9:01 AM RESPONSE re20 Statement of Facts (Local Rule 56.1), filed by Steven Parker Scruggs.(Rowan, Lucas) Related: [-]
		Att: 1 Exhibit 1,
		Att: 2 Exhibit 2,
		Att: 3 Exhibit 3
25		25 respm Response to Motion Mon 07/29 8:25 AM RESPONSE to Motion re18 MOTION for Summary Judgment filed by Steven Parker Scruggs.(Rowan, Lucas) Additional attachment added on 7/29/2024: #7 Exhibit 1 - Correct. (kbc) Related: [-]
		Att: 1 Exhibit 1 - Incorrect,
		Att: 2 Exhibit 2,
		Att: 3 Exhibit 3,
		Att: 4 Exhibit 4,
		Att: 5 Exhibit 5,
		Att: 6 Exhibit 6
Tuesday, July 23, 2024
24		24 misc Status Report Tue 07/23 2:37 PM STATUS REPORT by Cabot, City of, Matthew Dillon Fitzhugh, Scott Steely. (Monaghan, Sara) Related: [-]
Monday, July 22, 2024
23		23 respm Response in Opposition to Motion Mon 07/22 3:21 PM RESPONSE in Opposition re17 MOTION for Partial Summary Judgment filed by Cabot, City of, Matthew Dillon Fitzhugh, Scott Steely. (Monaghan, Sara) Related: [-]
Wednesday, July 17, 2024
22		22 misc Addendum Wed 07/17 1:19 PM EXHIBITS 1, 2, 4, and 5 - Audio and Video Records - to18 Motion for Summary Judgment filed by Cabot, City of, Matthew Dillon Fitzhugh, Scott Steely. USB Flash Drive filed conventionally and maintained in the Clerk's office. (fjg) Related: [-]
Monday, July 15, 2024
21		21 notice Notice (Other) Mon 07/15 3:42 PM NOTICE by Cabot, City of, Matthew Dillon Fitzhugh, Scott Steely re18 MOTION for Summary Judgment Notice of Filing Exhibits Conventionally with the Court (Monaghan, Sara) Related: [-]
20		20 misc Statement of Facts (Local Rule 56.1) Mon 07/15 3:35 PM STATEMENT OF FACTS (Local Rule 56.1) re18 Motion for Summary Judgment filed by Cabot, City of, Matthew Dillon Fitzhugh, Scott Steely.(Monaghan, Sara) Related: [-]
		Att: 1 Exhibit Ex. 1 911 Audio No. 1,
		Att: 2 Exhibit Ex. 2 911 Audio No. 2,
		Att: 3 Exhibit Ex. 3 Incident Report,
		Att: 4 Exhibit Ex. 4 Dispatch recording,
		Att: 5 Exhibit Ex. 5 Bodycam video,
		Att: 6 Exhibit Ex. 6 Fitzhugh depo excerpts,
		Att: 7 Exhibit Ex. 7 Scruggs' depo excerpts,
		Att: 8 Exhibit Ex. 8 ALETA Training
19		19 brief Brief in Support Mon 07/15 3:30 PM BRIEF IN SUPPORT re18 Motion for Summary Judgment filed by Cabot, City of, Matthew Dillon Fitzhugh, Scott Steely. (Monaghan, Sara) Related: [-]
18		18 motion Summary Judgment Mon 07/15 3:29 PM MOTION for Summary Judgment by Cabot, City of, Matthew Dillon Fitzhugh, Scott Steely (Monaghan, Sara) Related: [-]
Monday, July 08, 2024
17		17 motion Partial Summary Judgment Mon 07/08 2:07 PM MOTION for Partial Summary Judgment and Brief in Support by Steven Parker Scruggs. Exhibits 1, 2 and 3 filed conventionally and maintained in the Clerk's office. (ajj) (Docket text modified on 7/8/2024 to correct the description of the document filed) (jak) Related: [-]
		utility Notice of Docket Correction Mon 07/08 2:18 PM NOTICE OF DOCKET CORRECTION re17 MOTION for Partial Summary Judgment. CORRECTION: The docket text was modified to correct the description of the document filed as "MOTION for Partial Summary Judgment and Brief in Support by Steven Parker Scruggs" as marked on the document. (jak) Related: [-]
Thursday, June 27, 2024
16		16 order Order on Motion for Extension of Time to File Thu 06/27 4:05 PM (This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER granting15 Motion for Extension of Time to File. Signed by Judge James M. Moody Jr. on 6/27/2024. (sjh) Related: [-]
Wednesday, June 26, 2024
15		15 motion Extension of Time to File Document Wed 06/26 10:59 AM MOTION for Extension of Time to File Dispositive Motion by Cabot, City of, Matthew Dillon Fitzhugh, Scott Steely (Monaghan, Sara) Related: [-]
Monday, February 26, 2024
14		14 discov Notice to Take Deposition Mon 02/26 9:18 AM NOTICE to Take Deposition of Scott Steely by Steven Parker Scruggs.(Rowan, Lucas) Related: [-]
13		13 discov Notice to Take Deposition Mon 02/26 9:17 AM NOTICE to Take Deposition of Matthew Dillon Fitzhugh by Steven Parker Scruggs.(Rowan, Lucas) Related: [-]
Wednesday, February 21, 2024
12		12 discov Notice to Take Deposition Wed 02/21 2:47 PM NOTICE to Take Deposition of Matthew Dillon Fitzhugh by Steven Parker Scruggs.(Rowan, Lucas) Related: [-]
Monday, January 22, 2024
11		11 notice Notice (Other) Mon 01/22 1:30 PM NOTICE by Steven Parker Scruggs Deposition of Matthew Fitzhugh (Rowan, Lucas) Related: [-]
Wednesday, November 01, 2023
		misc Docket Note Wed 11/01 3:16 PM (This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) DOCKET NOTE: This case is assigned to the docket of United States District Judge James M. Moody Jr. Magistrate Judge Benecia B. Moore is now associated to this case due to the retirement of Magistrate Judge J. Thomas Ray. Signed at the Direction of the Court on 11/1/2023.(jbh) Related: [-]
Tuesday, August 01, 2023
10		10 order Scheduling Order Tue 08/01 3:13 PM FINAL SCHEDULING ORDER: Jury Trial set sometime during the week of 9/16/2024 at 9:15 AM in Little Rock Courtroom # 4A before Judge James M. Moody Jr. Discovery due by 6/10/2024; Motions due by 7/8/2024; Pretrial Disclosure Sheet due by 8/19/2024; Status Report due by 7/23/2024. Signed at the Direction of the Court on 8/1/2023. (kog) Related: [-]
Wednesday, June 21, 2023
9		9 misc Report of Rule 26(f) Planning Meeting Wed 06/21 9:32 AM REPORT of Rule 26(f) Planning Meeting by Cabot, City of, Matthew Dillon Fitzhugh, Scott Steely. (Monaghan, Sara) Related: [-]
Wednesday, May 03, 2023
8		8 order Initial Scheduling Order Wed 05/03 3:55 PM INITIAL SCHEDULING ORDER:Rule 26(f) Conference to occur by 6/12/2023; Rule 26(f) Report due by 6/26/2023. Proposed Jury Trial set sometime during the week of 9/16/2024 at 9:15 AM in Little Rock Courtroom # 4A before Judge James M. Moody Jr. Signed at the Direction of the Court on 5/3/2023.(kog) Related: [-]
		Att: 1 Proposed Final Scheduling Order
Monday, April 03, 2023
7		7 answer Answer to Complaint Mon 04/03 5:07 PM ANSWER to1 Complaint with Jury Demand by Cabot, City of, Matthew Dillon Fitzhugh, Scott Steely.(Monaghan, Sara) Related: [-]
6		6 notice Notice of Appearance Mon 04/03 5:06 PM NOTICE of Appearance by Sara Monaghan on behalf of Cabot, City of, Matthew Dillon Fitzhugh, Scott Steely (Monaghan, Sara) Related: [-]
Thursday, March 23, 2023
		utility Notice of Docket Correction Thu 03/23 9:15 AM NOTICE OF DOCKET CORRECTION re2 -5 Returns of Service. CORRECTION: The docket texts were modified to correct the service dates as indicated on the documents. (kbc) Related: [-]
Tuesday, March 21, 2023
5		5 service Return of Service (Non Summons/Complaint) Tue 03/21 12:20 PM RETURN OF SERVICE upon Scott Steely, Chief of Police re Complaint & Summons on03/10/2023. (Rowan, Lucas) Related: [-]
4		4 service Return of Service (Non Summons/Complaint) Tue 03/21 12:19 PM RETURN OF SERVICE upon Matthew Dillon Fitzhugh, Official Capacity re Complaint & Summons on03/10/2023. (Rowan, Lucas) Related: [-]
3		3 service Return of Service (Non Summons/Complaint) Tue 03/21 12:18 PM RETURN OF SERVICE upon Matthew Dillon Fitzhugh, Individually re Complaint & Summons on03/10/2023. (Rowan, Lucas) Related: [-]
2		2 service Return of Service (Non Summons/Complaint) Tue 03/21 12:16 PM RETURN OF SERVICE upon City of Cabot, Ken Kincade, Mayor re Complaint & Summons on03/10/2023. (Rowan, Lucas) Related: [-]
Friday, March 10, 2023
		service Summons Reissued Fri 03/10 12:39 PM Summons Reissued as to All Defendants and returned to counsel for service. (fjg) Related: [-]
Thursday, March 02, 2023
1		1 cmp Complaint Fri 03/03 8:14 AM COMPLAINT with Jury Demand filed by Steven Parker Scruggs against All Defendants. (Fee $402, Receipt Number LIT1215.) Summons issued and returned to counsel. (ldb) Related: [-]
		Att: 1 Civil Cover Sheet

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