GERALDINE HENSON, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF DAVID HENSON, DECEASED APPELLANT
KELLEY CRADDUCK, IN HIS OFFICIAL CAPACITY; KEITH FERGUSON, INDIVIDUALLY; JEFF ROBINS, INDIVIDUALLY AND IN HIS OFFICIAL CAPACITY; JEREMY GUYLL; OLIN RANKIN; JANNA HULET; MICHELE WILLS; WARREN LAFFERTY; ASSOCIATION OF ARKANSAS COUNTIES; AND JOHN OR JANE DOES 8-25 APPELLEES
FROM THE BENTON COUNTY CIRCUIT COURT [NO. 04CV-15-1506-1]
HONORABLE MACKIE M. PIERCE, JUDGE
W. Thompson Law Firm, P.A., by: Morris W. Thompson; and Brett
D. Watson, Attorney at Law, PLLC, by: Brett D. Watson, for
Rainwater, Holt & Sexton, by: Jason E. Owens, for
K. WOOD, ASSOCIATE JUSTICE
Henson appeals the circuit court's order dismissing her
case with prejudice based on the statute of limitations. We
cannot reach the merits of the appeal for lack of a final,
appealable order. We must, therefore, dismiss the appeal.
October 5, 2015, Henson filed her original complaint that
alleged her husband, David Henson, died while a prisoner in
the custody of the Benton County jail and under the
supervision of the Benton County Sheriff's Office. She
subsequently filed four amended complaints. The defendants
differ in each complaint, and the amended complaints are
internally inconsistent. The defendants listed in the case
caption, the introductory paragraph of the complaints, and
those accused of specific acts within the complaints differ.
The amended complaints do not state that they are
incorporating the earlier complaints.
example, the original complaint names the following
defendants: Benton County Jail, Benton County Sheriff's
Office, Kelley Cradduck, John Doe #1, John Doe #2, and John
Doe #3. The first amended complaint's case caption lists
Cradduck, four named defendants (Jeff Robins, Jeremy Guyll,
Olin Rankin, and Janna LNU) and John or Jane Does 1-25. The
Benton County Jail and the Benton County Sheriff's Office
are not listed, although both had answered the original
complaint. The body of the first amended complaint also lists
Benton County, Arkansas, as a defendant, but it is not
included in the case caption. Henson later filed a second
amended complaint. The defendants identified in its caption
and body mirrored the first amended complaint.
Henson filed a third amended complaint. The case caption
lists Cradduck, Robins, Guyll, Rankin, and Hulet (last name
for Janna LNU as identified in the prior complaint) in
addition to Keith Ferguson, Michele Wills, and Warren
Lafferty. She also named as defendants John or Jane Does
8-25. The body of the complaint, however, does
not list Cradduck as a defendant but again includes Benton
County, Arkansas. In addition, she "name[d] and
substitute[d]" Robins, Guyll, Rankin, Hulet, Ferguson,
Wills, and Lafferty for "John Doe" defendants 1-7.
The caption of Henson's fourth amended complaint mirrors
the third amended complaint's list of defendants with the
exception of adding the Association of Arkansas Counties
(AAC) as a defendant.
motions to dismiss were filed, including two motions to
dismiss the fourth amended complaint. Defendants argued that
the statute of limitations warranted dismissal of
Henson's claims, that Henson had failed to state a claim
against any defendant, and that they were immune to tort and
vicarious liability. Following a hearing, the circuit court
entered an order granting the motion to dismiss with
prejudice because Henson's complaints were time-barred.
The order Henson appeals reads as follows:
IN THE CIRCUIT COURT OF BENTON COUNTY, ARKANSAS CIVIL
BENTON COUNTY JAIL; BENTON COUNTY SHERIFF'S OFFICE; KELLY
CRADDUCK; JOHN DOE #1; JOHN ...