1:25-cv-01001•Easter v. Martin et al
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1 IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS EL DORADO DIVISION ERVIN WADE EASTER, JR. PLAINTIFF v. Civil No. 1:25-cv-01001-BAB SHERIFF LEROY MARTIN; JERRY MANESS; and JAIL ADMINISTRATOR GEAN SIEGER DEFENDANTS REPORT AND RECOMMENDATION OF THE MAGISTRATE JUDGE Plaintiff filed this civil rights action under 42 U.S.C. § 1983. (ECF No. 1). He proceeds pro se and in forma pauperis. Plaintiff is currently incarcerated in the Columbia County Detention Center (“CCDC”) in Magnolia, Arkansas. The case was directly assigned to the undersigned Magistrate Judge. However, because not all parties to the action have consented to the jurisdiction of the undersigned, and this document will be dispositive of certain of Plaintiff’s claims, this document will be filed as a Report and Recommendation and the case will automatically be reassigned to Chief United States District Judge Susan O. Hickey. 28 U.S.C. § 636(c); Rule 73 of the Federal Rules of Civil Procedure, and General Order 2024-02. The case is before the Court for preservice screening of the Second Amended Complaint (ECF No. 10) under 28 U.S.C. § 1915A. Pursuant to § 1915A, 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. Case 1:25-cv-01001-SOH Document 13 Filed 05/05/25 Page 1 of 7 PageID #: <pageID>
2 I. BACKGROUND In his Second Amended Complaint, Plaintiff names three Defendants: Sheriff Leroy Martin, Jerry Maness, and Jail Administrator Gean Sieger. (ECF No. 10, pp. 2-3). Plaintiff lists three claims against these Defendants. In Claim One, Plaintiff states that Sheriff Leroy Martin violated his constitutional rights on May 6, 2024 by failing to release him or take him for a court date. (ECF No. 10, p. 4). Plaintiff claims further that the charges against him were dropped and Sheriff Martin refuses to release him. According to Plaintiff, he has been held for over seven months with no court appearances. Id. at 4-5. However, Plaintiff does not seek release from incarceration from the Court. Id. at 9. In Claim Two, Plaintiff alleges Jail Administrator Gean Sieger violated his constitutional rights through the conditions of his confinement at the CCDC. Specifically, this claim relates to water on the floor and a fall Plaintiff experienced while housed in the CCDC. Id. at 6. In Claim Three, Plaintiff alleges Jerry Maness violated his constitutional rights by both failing to release him and through the conditions of confinement at the CCDC. Id. at 8-9. Plaintiff requests compensatory and punitive damages as relief in his Second Amended Complaint. Id. at 9. On January 13, 2025, the Court entered a Severance Order in this case. The Court explained to Plaintiff that his conditions of confinement claims and his claims for failure to release had no logical relationship and could not be brought together in the same Complaint pursuant to Federal Rule of Civil Procedure 20(a)(2). (ECF No. 6). Plaintiff’s claims were severed and he was instructed to file an amended complaint herein alleging only his claims related to improper imprisonment and delayed release. Id. Plaintiff was further instructed to file an amended Case 1:25-cv-01001-SOH Document 13 Filed 05/05/25 Page 2 of 7 PageID #: <pageID>
3 complaint in the severed case at 1:25-cv-01003-BAB alleging only his conditions of confinement claims. Id. On January 27, 2025, Plaintiff filed his first Amended Complaint herein. (ECF No. 7). After reviewing this Amended Complaint, the Court determined Plaintiff failed to follow the directions in the Severance Order and included both claims regarding his conditions of confinement and delayed release in his Amended Complaint. (ECF No. 7). The Court entered an Order directing Plaintiff to file a Second Amended Complaint and again instructing him that only claims related to his delayed release or improper imprisonment should be included in this case. (ECF No. 8). The instant Second Amended Complaint was Plaintiff’s response. Plaintiff has also filed a Second Amended Complaint in the severed case alleging his conditions of confinement claims. Easter v. Martin, et al., Civil No. 1:25-cv-01003, ECF No. 7. II. LEGAL STANDARD Under § 1915A, the Court is obligated to screen the case prior to service of process being issued. 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) seeks 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 in 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 Case 1:25-cv-01001-SOH Document 13 Filed 05/05/25 Page 3 of 7 PageID #: <pageID>
4 on its face.” Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570 (2007). “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)). This means “that if the essence of an allegation is discernible, even though it is not pleaded with legal nicety, then the district court should construe the complaint in a way that permits the layperson’s claim to be considered within the proper legal framework.” Jackson, 747 F.3d at 544 (cleaned up). However, the complaint must still allege specific facts sufficient to support a claim. Martin v. Sargent, 780 F.2d 1334, 1337 (8th Cir. 1985). III. DISCUSSION The Court recommends all of Plaintiff’s claims regarding his conditions of confinement alleged in Claims Two and Three be dismissed without prejudice as they are currently pending in the severed case at Civil No. 1:25-cv-01003. These claims will be addressed in that separate matter and would be duplicative here. Misjoinder of parties is not a ground for dismissing an action, but the Court may at any time drop parties or sever claims against any party. Fed. R. Civ. P. 21. This is what the Court has previously done here in opening Civil No. 1:25-cv-01003 for Plaintiff to pursue his conditions of confinement claims. See Reinholdson v. Minnesota, 346 F.3d 847 (8th Cir. 2003). Furthermore, Plaintiff’s Due Process claims of delayed release are not yet ripe for consideration by this Court. Plaintiff’s state criminal charges resulting in his current incarceration Case 1:25-cv-01001-SOH Document 13 Filed 05/05/25 Page 4 of 7 PageID #: <pageID>
5 are still pending before the Columbia County Circuit Court. See State v. Easter, 14CR-24-11, Columbia County 13th Circuit Division 5, arcourts.gov (last visited April 24, 2025). Pursuant to Younger v. Harris, 401 U.S. 37 (1971), federal courts are required to abstain from hearing cases when “(1) there is an ongoing state judicial proceeding which (2) implicates important state interests, and when (3) that proceeding affords an adequate opportunity to raise the federal questions presented.” Norwood v. Dickey, 409 F.3d 901, 903 (8th Cir. 2005) (internal citation omitted). Ongoing state criminal proceedings implicate the important state interest of enforcing state criminal law, and constitutional claims relating to that state proceeding should be raised there. Meador v. Paulson, 385 F. App’x 613, 2010 WL 2793555, at *1 (8th Cir. 2010); see also Gillette v. N. Dakota Disc. Bd. Counsel, 610 F.3d 1045, 1046 (8th Cir. 2010). “If all three questions are answered affirmatively, a federal court should abstain unless it detects ‘bad faith, harassment, or some extraordinary circumstance that would make abstention inappropriate.’” Night Clubs, Inc. v. City of Ft. Smith, Ark., 163 F.3d 475, 479 (8th Cir. 1998) (quoting Middlesex Cty. Ethics Comm. v. Garden State Bar Ass’n, 457 U.S. 423, 435 (1982)). When only equitable relief is sought, Younger “contemplates the outright dismissal of the federal suit, and the presentation of all claims, both state and federal to the state courts.” Gibson v. Berryhill, 411 U.S. 564, 577 (1973) (a Section 1983 case involving only injunctive relief, and not damages). In cases where damages are sought, the Eighth Circuit has noted that the Supreme Court instructs that traditional abstention principles generally require a stay as the appropriate mode of abstention rather than a dismissal. Night Clubs, Inc., 163 F. 3d at 481. In Quackenbush v. Allstate Ins. Co., 517 U.S. 706, 730 (1996), the Court said: In those cases in which we have applied traditional abstention principles to damages actions, we have only permitted a federal court to withhold action until the state Case 1:25-cv-01001-SOH Document 13 Filed 05/05/25 Page 5 of 7 PageID #: <pageID>
6 proceedings have concluded, that is, we have permitted federal courts applying abstention principles in damages actions to enter a stay, but we have not permitted them to dismiss the action altogether. Here, Plaintiff seeks compensatory and punitive damages for his due process claims related to his continued incarceration. Plaintiff has not alleged he is prevented from bringing his due process claims in state court. Accordingly, it is appropriate pursuant to the Younger doctrine, to stay Plaintiff’s Due Process claims against Defendants Martin and Maness until his state criminal case concludes. Finally, while Plaintiff does not specifically seek release from CCDC in the relief section of his Second Amended Complaint, his allegations clearly challenge his incarceration as improper. Plaintiff may not use Section 1983 as a substitute for habeas relief, instead, he must pursue such claims through the proper avenue of 28 U.S.C. § 2254 while he is still incarcerated. 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.”) (quoting Crouch v. Norris, 251 F.3d 720, 723 (8th Cir. 2001)). Accordingly, to the extent Plaintiff is attempting to gain relief from his incarceration by being released, such claim fails to state a cognizable Section 1983 claim. This type of claim is more properly alleged as a habeas claim rather than a Section 1983 claim since Plaintiff is still incarcerated. IV. CONCLUSION For these reasons it is recommended that: (1) Plaintiff’s Due Process claims against Sheriff Leroy Martin and Jerry Maness be administratively stayed at this time pursuant to Younger and this case be administratively terminated; (2) Plaintiff be provided thirty (30) days from the Case 1:25-cv-01001-SOH Document 13 Filed 05/05/25 Page 6 of 7 PageID #: <pageID>
7 resolution of his criminal case to notify this Court and move to reopen this case; and (3) Plaintiff’s Claim Two for claims of conditions of confinement against Gean Sieger be dismissed without prejudice. 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. Status of Referral: The case should remain referred. DATED this 5th day of May 2025. /s/ Barry A. Bryant HON. BARRY A. BRYANT UNITED STATES MAGISTRATE JUDGE Case 1:25-cv-01001-SOH Document 13 Filed 05/05/25 Page 7 of 7 PageID #: <pageID>
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