Case 3:14-cv-03126-TLB Document 18

Filed 07/10/15 Page 1 of 2 PageID #: 381

IN THE UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF ARKANSAS
HARRISON DIVISION
AMERICAN HUMAN IST ASSOCIATION
and DESSA BLACKTHORN
VS.

PLAINTIFFS

NO. 14-CV-3126-TLB

BAXTER COUNTY, ARKANSAS, and

MICKEY PENDERGRASS, BAXTER
COUNTY JUDGE, IN HIS OFFICIAL
AND INDIVIDUAL CAPACITIES

DEFENDANTS

MOTION FOR SUMMARY JUDGMENT

Come now the Defendants, Mickey Pendergrass, in his official and individual capacities,
and Baxter County, Arkansas, and for their Answer to Plaintiffs Complaint, state the following:
1.

Plaintiffs Dessa Blackthorn and the American Humanist Association filed their

Complaint in this case on December 23, 2014, alleging that their constitutional rights were
violated by the Defendants alleged display of a nativity scene on the lawn of the Baxter County
courthouse.
2.

For the reasons set forth in the accompanying brief in support and statement of

facts, including all exhibits, which are adopted and incorporated herein by reference as if set
forth word for word, the Defendants are entitled to qualified immunity and summary judgment as
a matter of law.

Wherefore, the Defendants respectfully request that Plaintiffs Complaint be dismissed and
that they be granted qualified immunity and summary judgment as a matter of law.

Case 3:14-cv-03126-TLB Document 18

Filed 07/10/15 Page 2 of 2 PageID #: 382

Respectfully submitted,
Mickey Pendergrass, in his official and personal
capacities, and Baxter County Arkansas,
Defendants
RAINWATER, HOLT & SEXTON, P.A.
P.O. Box 17250
801 Technology Drive
Little Rock, Arkansas 72222-7250
Telephone (501) 868-2500
Telefax (501) 868-2505
Email: owens@rainfirm.com
By:

/s/Jason E. Owens
Michael R. Rainwater, #79234
Jason E. Owens, #2003003

CERTIFICATE OF SERVICE
I hereby certify that on the 10th day of July, 2015, I electronically filed the foregoing with
the Clerk of the Court using the CM/ECF system, which will provide this filing to all counsel of
record in this case.

/s/ Jason E. Owens

Jason E. Owens
Attorney for Defendants
RAINWATER, HOLT & SEXTON, P.A.
P.O. Box 17250
801 Technology Drive
Little Rock, Arkansas 72222-7250
Telephone (501) 868-2500