1:25-cv-01089•Murphy v. Collier-Sisk et al
Gesamter Gesetzestext
1 IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS EL DORADO DIVISION ADAM GABRIEL MURPHY PLAINTIFF v. Civil No. 1:25-cv-01089-SOH-SGS SHANNON COLLIER SISK, Ashley County Clerk; TOMMY STURGEON, Ashley County Sheriff; and ROBERT BYNUM GIBSON, JR., Retired Tenth Judicial Circuit Judge DEFENDANT MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION Plaintiff, Adam Gabriel Murphy, currently an inmate of the Ashley County Detention Center (“ACDC”) filed this action pursuant to 42 U.S.C. § 1983. Pursuant to the provisions of 28 U.S.C. §§ 636(b)(1) and (3) (2011), the Honorable Susan O. Hickey, United States District Judge, referred the instant motion to the undersigned for the purpose of making a Report and Recommendation. The case is before the Court for preservice screening under the provisions of 28 U.S.C. § 1915A(a). Pursuant to § 1915A(a), the Court has the obligation to screen any complaint in which a prisoner seeks redress from a governmental entity or officer or employee of a governmental entity. I. BACKGROUND Plaintiff filed his Complaint on December 10, 2025, along with an application to proceed in forma pauperis (“IFP”). (ECF Nos. 1-2). Plaintiff was granted IFP status on the same day. (ECF No. 3). In his Complaint, Plaintiff names three Defendants: (1) Shannon Collier Sisk, the County Clerk for Ashley County; (2) Tommy Sturgeon, the Sheriff of Ashley County; and Case 1:25-cv-01089-SOH Document 10 Filed 01/29/26 Page 1 of 6 PageID #: <pageID>
2 (3) Judge Robert Bynum Gibson, Jr., retired Tenth Circuit Court Judge. (ECF No. 1). Plaintiff alleges two claims in his Complaint. In Claim One, Plaintiff states that Defendants Sturgeon and Gibson violated his constitutional rights through cruel and unusual punishment regarding his criminal case. Specifically, Plaintiff states: On Oct 6th 2025 before I was set to go in the courtroom for a revocation hearing of my suspended imposition of sentence, Sheriff Tommy Sturgeon met in the judge’s chambers with Judge Robert Bynum Gibson, Jr. and prosecutor Sandra Bradshaw to discuss how to “proceed” on my hearing and how I should be sentenced without my attorney present in my defense, all that taking place before my hearing. I know this because my attorney, Joseph Mazzanti, “caught them by walking in on the meeting.” In which defendants Tommy Sturgeon and Judge Gibson stopped talking. My attorney made myself and other witnesses aware of what he discovered. Then during a very brief plea negotiation, my attorney suggested 60 days in jail and $1000 restitution to prosecutor Sandra Bradshaw and she declined stating to my attorney “She wanted to take our offer but she was afraid of the sheriff’s department being angry with her.” The $1,000 restitution was to pay for water used from waterhose (ECF No. 1, pp. 4-5) (errors in original). Plaintiff alleges this claim against Defendants Sturgeon and Gibson in both their individual and official capacities. Id. at 5. For his official capacity claim, Plaintiff alleges: “It is the widespread practice of these officials to do favors for one another even if they have to commit wrongful imprisonment or judicial misconduct to do it.” Id. In Claim Two, Plaintiff alleges Defendant Collier-Sisk and Defendant Sturgeon violated his constitutional rights by defaming his character and ensuring his harsh sentence. Specifically, Plaintiff stated: On October 6th , 2025 moments after Tommy Sturgeon, the Sheriff, convinced Judge Robert Bynum Gibson Jr. to find me guilty and sentence me to an extreme number of years to ADC Hearing this news in excitement the county clerk, Shannon Sisk, also my mother-in-law, was and I quote from eye-witness “leaping for joy.” Eye witness said that Shannon was at her place of employment and stated “we finally got him away from my daughter.” She was referring to her boss Sheriff Tommy and other law enforcement officials and their role in helping her do that. All of that is slander because Shannon’s husband, Chris Sisk, was a character witness in my hearing testifying to the kind of man I am. A good man. Case 1:25-cv-01089-SOH Document 10 Filed 01/29/26 Page 2 of 6 PageID #: <pageID>
3 (ECF No. 1, p. 6) (errors in original). Plaintiff alleges Claim Two against Defendants Collier- Sisk and Sturgeon, in both their individual and official capacities. For his official capacity claim, Plaintiff stated: “It is the custom and practice for the co-workers of Ashley County Sherrif’s Department to gossip, slander, and do ‘favors’ for one another regardless of who they hurt or how they do it.” Id. at 7. For relief Plaintiff seeks compensatory, punitive, and injunctive relief. (ECF No. 1, p. 9). II. APPLICABLE STANDARD Pursuant to the Prison Litigation Reform Act (“PLRA”), the Court must dismiss a complaint, or any portion of it, if it contains claims that: (1) are frivolous, malicious, or fail to state a claim upon which relief may be granted, or (2) seek monetary relief from a defendant who is immune from such relief. 28 U.S.C. § 1915A(b). A claim is frivolous if “it lacks an arguable basis either in law or fact.” Neitzke v. Williams, 490 U.S. 319, 325 (1989). An action is malicious when the allegations are known to be false, or it is undertaken for the purpose of harassing or disparaging the named defendants rather than to vindicate a cognizable right. In re Tyler, 839 F.2d 1290, 1293-94 (8th Cir. 1988); Spencer v. Rhodes, 656 F. Supp. 458, 464 (E.D.N.C. 1987). A claim fails to state a claim upon which relief may be granted if it does not allege “enough facts to state a claim to relief that is plausible on its face.” Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570 (2007); Fed. R. Civ. P. 8. To state a claim under 42 U.S.C. § 1983, Plaintiff must allege that the Defendants acted under color of state law, and that the actor violated a right, privilege, or immunity secured by the Constitution. West v. Atkins, 487 U.S. 42, 48 (1988); Dunham v. Wadley, 195 F.3d 1007, 1009 (8th Cir. 1999). Furthermore, the deprivation must be intentional; mere negligence will not Case 1:25-cv-01089-SOH Document 10 Filed 01/29/26 Page 3 of 6 PageID #: <pageID>
4 suffice to state a claim for deprivation of a constitutional right under section 1983. Daniels v. Williams, 474 U.S. 327 (1986); Davidson v. Cannon, 474 U.S. 344 (1986). Lastly, Defendants must have been personally involved and caused the violation alleged. “Liability under section 1983 requires a causal link to, and direct responsibility for, the deprivation of rights. To establish personal liability of the supervisory defendants, [Plaintiff] must allege specific facts of personal involvement in, or direct responsibility for, a deprivation of his constitutional rights.” Clemmons v. Armontrout, 477 F.3d 962, 967 (8th Cir. 2007) (quoting Mayorga v. Missouri, 442 F.3d 1128, 1132 (8th Cir. 2006)). Plaintiff’s claims shall be dismissed for failure to state a claim if it appears beyond a doubt the Plaintiff’s complaint can prove no set of facts to support the plaintiff’s purported cause of action. See Schaller Tel. Co. v. Golden Sky Sys., Inc., 298 F.3d 736, 740 (8th Cir. 2001). “In evaluating whether a pro se plaintiff has asserted sufficient facts to state a claim, we hold ‘a pro se complaint, however inartfully pleaded . . . to less stringent standards than formal pleadings drafted by lawyers.’” Jackson v. Nixon, 747 F.3d 537, 541 (8th Cir. 2014) (quoting Erickson v. Pardus, 551 U.S. 89, 94 (2007)). However, even a pro se Plaintiff must allege specific facts sufficient to support a claim. Martin v. Sargent, 780 F.2d 1334, 1337 (8th Cir. 1985). III. DISCUSSION First, Plaintiff’s attempts to gain relief from his conviction, sentence, and incarceration do not state a proper claim under section 1983. Plaintiff may not use section 1983 as a substitute for habeas relief; instead, he must pursue any such claims through the proper avenue of 28 U.S.C. § 2254. See e.g., Singleton v. Norris, 319 F.3d 1018, 1023 (8th Cir. 2003) (“Section 2254 is the only means by which ‘a person in custody pursuant to the judgment of a State court’ may raise challenges to the validity of his conviction or sentence or to the execution of his sentence.”) Case 1:25-cv-01089-SOH Document 10 Filed 01/29/26 Page 4 of 6 PageID #: <pageID>
5 (quoting Crouch v. Norris, 251 F.3d 720, 723 (8th Cir. 2001)). Plaintiff is plainly challenging his sentence and incarceration as he argues the custom of “wrongful imprisonment” and that his injury is being “harshly sentenced.” (ECF No. 1, pp.5-6). Such claims fail to state a cognizable section 1983 claim. Additionally, Plaintiff may not recover damages for an unconstitutional conviction or imprisonment, as such claims are barred unless “the conviction or sentence has been reversed on direct appeal, expunged by executive order, declared invalid by a state tribunal authorized to make such determination, or called into question by a federal court’s issuance of a writ of habeas corpus.” Heck v. Humphrey, 512 U.S. 477, 486-87 (1994). As evidenced by Plaintiff’s Complaint and Arkansas public records, he is still imprisoned on the sentence he complains of, and he has produced no evidence or allegations in his Complaint to meet the Heck requirements.1 Plaintiff is clearly challenging his conviction and his sentencing in both claims of his Complaint. Accordingly, both claims asserted against all Defendants are barred by Heck. Finally, to the extent Plaintiff alleges defamation or slander claims against any of the Defendants, slander, defamation, and humiliation do not state a constitutional violation. “[D]efamation, per se, is not actionable under section 1983.” Underwood v. Pritchard, 638 F.2d 60, 62 (8th Cir. 1981). The Supreme Court has held that a person’s interest in his reputation is 1 Arkansas state court records show that Plaintiff was sentenced in Circuit Court of Ashley County on October 7, 2025, his criminal case was then closed on October 10, 2025, and Plaintiff filed a Notice of Appeal on October 22, 2025 in the criminal case of which Plaintiff complains of in his Complaint. There are no further filings in Plaintiff’s criminal case. Available at Arkansas Court Connect, https://caseinfo.arcourts.gov/opad/case/02CR-24-131 (Last accessed January 28, 2026. Furthermore, the Arkansas Division of Corrections (“ADC”) website indicates Plaintiff is currently an inmate of the ADC with his latest sentence occurring on October 6, 2025. Arkansas Department of Corrections Inmate Search, https://apps.ark.org/inmate_index.php (last visited January 28, 2026. Case 1:25-cv-01089-SOH Document 10 Filed 01/29/26 Page 5 of 6 PageID #: <pageID>
6 not considered liberty or property protected by the due process clause. Paul v. Davis, 424 U.S. 693, 711-12 (1976). In other words, the “Supreme Court has made clear that federal courts are not to view defamatory acts as constitutional violations.” Boyanowski v. Capital Area Intermediate Unit, 215 F.3d 396, 401 (3d Cir. 2000). IV. CONCLUSION For these reasons, it is recommended the case be DISMISSED WITHOUT PREJUDICE pursuant to 28 U.S.C. § 1915A(b)(1); and that Plaintiff be warned that, in the future, this dismissal may be counted as a strike for purposes of 28 U.S.C. § 1915(g). Referral Status: Referral in this case should terminate at the filing of this Report and Recommendation. The parties have fourteen (14) days from receipt of the Report and Recommendation in which to file written objections pursuant to 28 U.S.C. § 636(b)(1). The failure to file timely objections may result in waiver of the right to appeal questions of fact. The parties are reminded that objections must be both timely and specific to trigger de novo review by the district court. DATED this 29th day of January 2026. /s/ Spencer G. Singleton HON. SPENCER G. SINGLETON UNITED STATES MAGISTRATE JUDGE Case 1:25-cv-01089-SOH Document 10 Filed 01/29/26 Page 6 of 6 PageID #: <pageID>
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