Dismissal Of False Arrest Lawsuit Upheld
Last updated Wednesday, May 16, 2007 8:27 PM CDT in News
By The Morning News
LITTLE ROCK -- The Arkansas Court of Appeals on Wednesday affirmed a Sebastian County circuit judge's decision to dismiss a lawsuit filed against a Fort Smith grocery store and two employees.
The civil suit filed by Michael Wilkins, a juvenile, and his parents, Jerome and Christina Wilkins, against two employees at a Food Plus store in Fort Smith was dismissed on procedural grounds.
The boy and his parents alleged that Food Plus manager Teresa Cain and assistant manager John Wilkinson accused Michael Wilkins of shoplifting because he is black. A police officer later questioned the boy at the store and determined that no crime had occurred.
After the lawsuit was filed, the attorney for the Wilkinses requested and was granted five extensions of time in the case.
Food Plus moved to dismiss the case in 2005, arguing the appellants had failed to show good cause in their motions for extensions and that a summons for Food Plus was issued more than 120 days after the complaint was filed. Court rules require that summonses be filed within 120 days.
After a hearing, Circuit Judge James Marschewski dismissed the lawsuit.
In Wednesday's unanimous decision, the Court of Appeals concluded there was no evidence the judge erred in his ruling.
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