Lawsuit request for stay granted

Ruling pertains to hot-check case

A federal judge agreed Thursday to temporarily "stay" all behind-the-scenes information-gathering efforts in a federal lawsuit challenging the way misdemeanor hot-check cases are prosecuted in Sherwood District Court.

The lawsuit was filed Aug. 23 by the American Civil Liberties Union of Arkansas and the national Lawyers' Committee for Civil Rights Under the Law on behalf of four people it says have been trapped for years in a "debtor's prison" by unconstitutional fines and jail time. Another plaintiff contends that the system misuses public funds. They want the case certified as a class-action lawsuit to allow them to represent thousands of others who have been subjected to excessive punishment for years, if not decades.

The defendants are Sherwood, Pulaski County, Sherwood District Judge Milas H. "Butch" Hale III and now Pulaski County Prosecuting Attorney Larry Jegley, whose name was later added.

All have asked U.S. District Judge James Moody Jr. to throw out the case, saying the officials are entitled to immunity for performing official functions and that the suit fails to state facts on which relief can be granted in federal court.

The state attorney general's office, which is representing Jegley, asked Wednesday for discovery, or evidence-gathering, in the case to be placed on hold until the judge rules on the dismissal motions. The request called the plaintiffs' 80 detailed requests for information "a significant discovery burden," and said responding to them and giving depositions would be disruptive to effective government.

U.S. Magistrate Judge Joe Volpe, to whom Moody referred all pretrial issues, granted the request Thursday after Hale joined in. On Oct. 27, Volpe had stayed discovery pertaining to Hale only, but agreed Thursday to extend the stay to all defendants.

No timetable has been given for when the motions to dismiss might be decided. The case is similar to others that the ACLU has filed in several other states. It seeks a finding that the court practices are unconstitutional, an order putting a stop to the practices and a requirement that any improperly collected fees be refunded.

Metro on 11/18/2016

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