WALNUT RIDGE, AR (KAIT) - An attorney representing the Walnut Ridge police chief and a former officer accused of violating a Burlington Northern Santa Fe rail worker's civil rights has asked that the case against them be dropped, citing the statute of limitations.
Attorney Keith Wren, representing former Walnut Ridge Police Officer Matthew Mercado and Chief Chris Kirksey states the plaintiff, Adam Finley, "failed to allege facts upon which relief can be granted."
The court documents, which were filed Friday, May 11, also state the other listed defendants, which include Officer Matt Cook and the City of Walnut Ridge, received "insufficient service of process."
In his lawsuit, Finley claimed he was unlawfully arrested, assaulted and harassed by Mercado.
He asked for punitive damages as well as a jury trial.
In a May 8 scheduling order, U.S. District Judge Price Marshall, Jr., set a jury trial for Nov. 4, 2019, in Jonesboro.
The scheduling order: