Opinion
No. 5:12CV123 KGB
03-29-2013
KATRINA WITHERS PLAINTIFF v. ARKANSAS DEPARTMENT OF CORRECTION; WARDEN STEPHEN WILLIAMS, in his official and personal capacities; ASSISTANT WARDEN TOMMY JAMES, in his official and personal capacities; CAPTAIN RONALD BAILEY, in his official and personal capacities; SERGEANT UNKNOWN FIRST NAME MAPLES, in his official and personal capacities; LIEUTENANT DAVID KNOTT, in his official and personal capacities; ARKANSAS DEPARTMENT OF CORRECTION BOARD OF CORRECTIONS; BENNY MAGNESS, in his official and personal capacities; MARY PARKER, in her official and personal capacities; BOBBY GLOVER, in his official and personal capacities; DREW BAKER, in his official and personal capacities; TYRONNE BROOMFIELD, in his official and personal capacities; JOHN FELTS, in his official and personal capacities; and JANIS WALMSLEY, in her official and personal capacities DEFENDANTS
JUDGMENT
Judgment is entered consistent with the Court's Opinion and Order of this day. Plaintiff Katrina Withers's claims under the Uniformed Services Employment and Reemployment Rights Act, 38 U.S.C. § 4301 et seq., and Title II of the Americans with Disabilities Act, 42 U.S.C. § 12131 et seq., as against all defendants are dismissed. The Court declines to exercise jurisdiction over Ms. Withers's claims under the Arkansas Civil Rights Act, Ark. Code Ann. § 16-123-101 et seq. ("ACRA"). The period of limitations on Ms. Withers's ACRA claims is tolled under 28 U.S.C. § 1367(d) for 30 days after entry of this judgment, unless Arkansas gives a longer tolling period.
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Kristine G. Baker
United States District Judge