Wallace v. City of Pontotoc

Full title: JASON WALLACE PLAINTIFF v. CITY OF PONTOTOC, AND C. MARK HENRY, IN HIS…

Court: United States District Court, N.D. Mississippi, Aberdeen Division

Date published: Dec 2, 2022

Civil Action 1:22-CV-80-SA-RP (N.D. Miss. Dec. 2, 2022)

Opinion

Civil Action 1:22-CV-80-SA-RP

12-02-2022

JASON WALLACE PLAINTIFF v. CITY OF PONTOTOC, AND C. MARK HENRY, IN HIS INDIVIDUAL CAPACITY DEFENDANTS

G. Todd Butler ATTORNEY FOR DEFENDANT CITY OF PONTOTOC Victor I. Fleitas' ATTORNEY FOR PLAINTIFF Wilton V. Byars, III ATTORNEY FOR DEFENDANT C. MARK HENRY

SHARI ON AYCOCK UNITED STATES DISTRICT JUDGE

G. Todd Butler ATTORNEY FOR DEFENDANT CITY OF PONTOTOC

Victor I. Fleitas' ATTORNEY FOR PLAINTIFF

Wilton V. Byars, III ATTORNEY FOR DEFENDANT C. MARK HENRY

AGREED RULE 54(b) JUDGMENT OF DISMISSAL WITH PREJUDICE WITH RESPECT TO DEFENDANT CITY OF PONTOTOC

SHARI ON AYCOCK UNITED STATES DISTRICT JUDGE

The parties have filed a stipulation that dismisses Plaintiff Jason Wallace's false arrest claim against the Defendant City of Pontotoc (the “City”) under the Mississippi Tort Claims Act with prejudice. Accordingly, the Court finds that a final judgment shall be directed in favor of the City under Federal Rule of Civil Procedure 54(b). Plaintiff Jason Wallace's claim against Defendant C. Mark Henry in his individual capacity shall remain, and nothing in this Order shall impact Plaintiff's right to state a different claim, if any, against the City pursuant to the Federal Rules of Civil Procedure.

IT IS, THEREFORE, ORDERED AND ADJUDGED that the City is hereby DISMISSED WITH PREJUDICE, with Plaintiff and the City to bear their own costs and fees.

SO ORDERED AND ADJUDGED.