This is Beyond A Reasonable Doubt with Your Hosts, Mark Garagas, and Gary Smith.

Well, welcome to the Sunday morning Beyond A Reasonable Doubt.

Actually recorded on Saturday.

Yes, it is. And Happy Father's Day daily. Thank you so much for flexing so that you and I can both celebrate with our families.

So, Happy Father's Day to you, Gary. This got to be very special for you.

You as well, Mark, and Happy Grandfather's Day as well.

Thank you. Thank you. So, we, you know, first on a little personal note here, you know, a case that I've talked about quite a bit was the

Partridge case, which is the one out of Arkansas, horrible, horrible, tragic situation where a young man threatening commit suicide because he had just been expelled from school and his

mother called the police and then the police came and just basically killed the young man after they told him to drop his weapon and in the process of dropping his weapon to

do it, complying basically, you know, this has been a tortured case. And when I say tortured, not just because of the facts of the incident itself, but the fact that when we filed the lawsuit in Arkansas, the judge dismissed it on the

pleadings. I had to go, I don't know, two or three years ago to the eight circuit court of appeals, which is one level below the US Supreme Court.

We got a published decision reversing that decision. We then went, did discovery in the case and did depositions.

I thought presented a pretty robust opposition to what's called a summary judgment. And once again, his honor dismissed the case. And you might remember Gary, we took the appeal.

I argued back in January, I believe in St. Louis, which is where the eight circuit was sitting. We've been waiting. The decision came out this past week, two to one published decision finding that we had overcome and reversing once again.

And so now my guess is my prognostication is not to leave well enough alone that the city of Benton, Arkansas is will probably ask that the entire eight circuit here or will take it to the US Supreme Court.

So I, you know, the people say, well, why is there such a thing as qualified immunity or why don't more lawyers take these kinds of cases on a contingency or pro bono.

It's because this has been six years of just up and down and up and down the traditional process. And we still haven't gone to trial. And it's, you know, I'm elated for the family, but obviously it's still a bumpy road ahead.

Yeah, absolutely. And congratulations on that positive step. There's been a lot of setbacks along the way. So, you know, you're doing the, the Lord's work there of pushing that that bolder up the hill, even when it seems like the summit may never come.

Well, I'll tell you that's, you know, about one of my favorite Greek mythological figures is, the system, the push of the rock up the hill sometimes, especially in the civil rights cases. That's exactly what it feels like.

And that's exactly what I was thinking of. Yes.

Exactly right. Then we also, you know, there's been a lot of speculation. We talked about it.

Would judge can in the Trump case, keep the case. What should be recused with the government recuser?

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