4:24-cv-04038•Dudley v. Meadows et al
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1 IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS TEXARKANA DIVISION KARANYA MARQUIS DUDLEY PLAINTIFF v. Civil No. 4:24-cv-04038-SOH STATE OF ARKANSAS; STATE TROOPER JACOB MEADOWS; STATE OF ARKANSAS HEADQUARTERS TROOP G; AMY FREEDMAN; STATE POLICE TROOP G; MILLER COUNTY SHERIFF’S OFFICE; SUPERVISOR OF HEADQUARTERS; and BOOKING OFFICER # 0829 DEFENDANTS REPORT AND RECOMMENDATION Plaintiff, Karanya Marquis Dudley, a non-prisoner, filed this action pursuant to 42 U.S.C. § 1983. Plaintiff proceeds pro se and in forma pauperis. Pursuant to the provisions of 28 U.S.C. § 636(b)(1) and (3), the Honorable Susan O. Hickey, Chief United States District Judge, referred Plaintiff’s Motion for leave to proceed in forma pauperis (“IFP Motion”) and Motion for Service to the undersigned for the purpose of making a Report and Recommendation. (ECF No. 3). The Court previously granted Plaintiff’s IFP Motion, (ECF No. 5), and now the Motion for Service (ECF No. 3) and Plaintiff’s Amended Complaint are currently before the Court for preservice screening under the provisions of 28 U.S.C. § 1915(e)(2). I. BACKGROUND Plaintiff filed her original Complaint and Motion for Leave to Proceed in forma pauperis (“IFP Application”) on May 10, 2024. (ECF Nos. 2, 3). The Court granted Plaintiff IFP status Case 4:24-cv-04038-JTS Document 9 Filed 09/04/24 Page 1 of 14 PageID #: <pageID>
2 on May 13, 2024. (ECF No. 5). In this same Order, the Court directed Plaintiff to file an Amended Complaint. Id. Plaintiff filed her Amended Complaint on June 10, 2024. (ECF No. 6). Upon review, the Court determined it was still unable to adequately discern Plaintiff’s claims and ordered Plaintiff to file a Second Amended Complaint. (ECF No. 7). Plaintiff filed her Second Amended Complaint on July 12, 2024. (ECF No. 8). While her Second Amended Complaint is still difficult to interpret, the Court has determined Plaintiff named eight Defendants: the State of Arkansas; State Trooper Jacob Meadows; State of Arkansas Headquarters Troop G; Amy Freedman; State Police Troop G; Miller County Sheriff’s Office; Supervisor of Headquarters; and Booking Officer # 0829. (ECF No. 8). Plaintiff makes multiple assertions against these Defendants under the heading of three claims. In Claim One Plaintiff states, Defendants Meadows, the State of Arkansas, and Headquarters Troop G violated her constitutional rights on March 24, 2024 in the following ways: I’m disabled, I was physically injured due to the crash, which caused my body more aches/pain. My blood pressure was high. Trooper Meadows pit maneuver my car causing me to crash into a ditch. I’m diagnosed with more problems & still seeking medical attention neck, back, spine shortness of breath, joints, tissues (muscles, tendons, nerves) Trooper Meadows pit maneuver my car caused me to crash into a ditch, took my Identity (phot RealID & DNA) unlawful arrest, unreasonable search & seizure I was accused of fleeing by car once incarcerated I was injured due to car crash – accused me of fleeing! Trooper Meadows NEVER responded to my question of traffic violation ? DENIED car crash report! NOTE: Trooper Meadows NEVER put his siren & lights on after immediately turning around! And followed me for several miles. (ECF No. 8, pp. 4-5) (errors in original). Plaintiff claims these factual allegations violated her (1) Fourth Amendment rights against warrantless search; (2) Fifth Amendment rights to due process; and (3) Eighth Amendment rights against excessive bail. (ECF No. 8, p. 4). Further, Plaintiff claims these allegations show Defendants Meadows, the State of Arkansas, and Headquarters Troop G (1) racially profiled her; (2) unlawfully arrested her; (3) falsely imprisoned her; (4) Case 4:24-cv-04038-JTS Document 9 Filed 09/04/24 Page 2 of 14 PageID #: <pageID>
3 harassed her; (5) disabled her; (6) deprived and coerced her; (7) discriminated against her; and (8) abused their authority. Id. For her official capacity component of Claim One, Plaintiff claims: (1) Racial profiling; (2) harassment; (3) unlawful arrest; (4) false imprisonment; (5) discrimination (6) fraud; (7) interference with public health & welfare; (8) defamation; (9) conspiracy; and (10) abuse of authority. Id. at 5. In Claim Two Plaintiff claims, Defendant Booking Officer #BR 0829 (“Booking Officer”) violated her constitutional rights on March 24, 2024 when she stole Plaintiff’s DNA in violation of Plaintiff’s Fifth Amendment due process rights. (ECF No. 8, p. 6). In addition, Plaintiff claims Defendant Booking Officer also coerced Plaintiff to sign something stating she was a felon. Id. Next, Plaintiff claims Defendant Booking Officer abused her authority and committed a conspiracy. Id. When prompted by the Court’s Complaint Form to list the factual allegations that support Claim Two, Plaintiff wrote: I was deprived & coerced to give up my DNA without due process of law. Booking Officer # BR 0829 stated that I had a felony & told me that it was ma[n]datory to take my DNA My Identity was stolen by coerced! (ECF No. 8, p. 6) (errors in original). For her official capacity component of Claim Two, Plaintiff claims: (1) discrimination, (2) fraud, (3) defamation; (4) interference with public health and welfare; and (5) conspiracy. Id. at 7. In Claim Three Plaintiff alleges Defendant Freedman and the State of Arkansas are currently violating her constitutional rights by: Case 4:24-cv-04038-JTS Document 9 Filed 09/04/24 Page 3 of 14 PageID #: <pageID>
4 Accused of Fleeing (with car) by Amy Freedman (Deputy Prosecuting Attorney) and trying to take away my freedom, enjoyment of life while interfering with my public health & welfare (disabilities) Amy Freedman also Trying to give me 3yrs in prison without due process of law Never had hearing for plea! (ECF No. 8, p. 8). Plaintiff claims these actions: (1) violated her Fifth Amendment due process rights; (2) falsely imprisoned her; (3) harassed her; (4) deprived & coerced her; (5) discriminated against her; (6) caused medical issues for her; (7) abused the authority of Defendants Freedman and the State of Arkansas; and (8) violated her Eighth Amendment rights against cruel and unusual punishment. (ECF No. 8, p. 7). As with Claims One and Two, Plaintiff’s official capacity claim in Claim Three is simply a listing of alleged violations: (1) racial profiling, (2) harassment, (3) discrimination, (4) fraud, (5) unlawful arrest, (6) false imprisonment, (7) defamation, (8) conspiracy, and (9) abuse of authority. Id. at 8-9. For relief Plaintiff seeks compensatory damages for her disability and medical issues caused by the March 24, 2024 incident. (ECF No. 8, p. 9). II. APPLICABLE STANDARD Pursuant to 28 U.S.C. § 1915(e)(2), the Court has the obligation to dismiss any claims proceeding in forma pauperis that (i) are frivolous or malicious; (ii) fails to state a claim upon which relief may be granted; or (iii) seeks monetary relief against a defendant who is immune from such relief. See Atkinson v. Bohn, 91 F.3d 1127, 1128 (8th Cir. 1996) (per curiam); Carter v. Schafer, 273 Fed. App’x 581, 582 (8th Cir. 2008) (per curiam) (“[C]ontrary to plaintiffs’ arguments on appeal, the provisions of 28 U.S.C. § 1915(e) apply to all persons proceeding IFP and are not limited to prisoner suits, and the provisions allow dismissal without service.”). Case 4:24-cv-04038-JTS Document 9 Filed 09/04/24 Page 4 of 14 PageID #: <pageID>
5 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 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). Case 4:24-cv-04038-JTS Document 9 Filed 09/04/24 Page 5 of 14 PageID #: <pageID>
6 “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, the Court must address whether the Defendants named by Plaintiff are proper Defendants. Many are immune from suit or not considered persons under Section 1983. The Court will then address Plaintiff’s claims that are not yet ripe for consideration by this Court and must be stayed pursuant to the Younger doctrine. A. Improper Defendants Plaintiff names the State of Arkansas, State of Arkansas Headquarters Troop G, Amy Freedman, State Police Troop G, State Trooper Meadows in his official capacity, Supervisor of Headquarters, and Miller County Sheriff’s Office as Defendants in this matter. These Defendants are improper Defendants in this matter and should be dismissed at this time. 1. Sovereign Immunity First, Plaintiff cannot sue the State of Arkansas or its employees in their official capacities for compensatory damages. All of Plaintiff’s claims against the State of Arkansas, State of Arkansas Headquarters Troop G, State Police Troop G, and Defendant Meadows in his official capacity are essentially claims against the State of Arkansas. “The Eleventh Amendment bars suits against a State by citizens of that same State in federal court.” Williams v. Missouri, 973 F.2d 599, 599 -600 (8th Cir. 1992) (citing Papasan v. Allain, 478 U.S. 265, 276, 106 S. Ct. 2932, 2939, 92 L. Ed. 2d 209 (1986)). “This bar exists whether the relief sought is legal or equitable.” Case 4:24-cv-04038-JTS Document 9 Filed 09/04/24 Page 6 of 14 PageID #: <pageID>
7 Id. (quoting Papasan, 478 U.S. at 276). “Congress did not abrogate constitutional sovereign immunity when enacting the law that was to become section 1983.” Burk v. Beene, 948 F.2d 489, 493 (8th Cir. 1991) (citing Quern v. Jordan, 440 U.S. 332, 342(1979)). The State of Arkansas and its agencies have not consented to suit in federal court. Because Plaintiff requests only monetary damages, Plaintiff’s claims against the State of Arkansas, State of Arkansas Headquarters Troop G, State Police Troop G, and State Trooper Meadows in his official capacity are all barred by sovereign immunity. Moreover, the State of Arkansas and its agencies are not persons under Section 1983. See Zar v. S.D. Bd. of Exam'rs of Psychologists, 976 F.2d 459, 464 (8th Cir. 1992) (state departments not “persons” under Section 1983). 2. Legal Entities Subject to Suit Next, the Miller County Sheriff’s Office, the State of Arkansas Headquarters Troop G, and the State Police Troop G are not a person or a legal entity subject to suit under Section 1983. See Owens v. Scott Cty. Jail, 328 F.3d 1026, 1027 (8th Cir. 2003) (jails are not legal entities amenable to suit); see also Ketchum v. City of West Memphis, Ark., 974 F.2d 81, 82 (8th Cir. 1992) (stating that “departments or subdivisions” of local government are not “juridical entities suable as such”); De La Garza v. Kandiyohi Cty. Jail, 18 F. App’x 436, 437 (8th Cir. 2001) (affirming district court dismissal of county jail and sheriff’s department as parties because they are not suable entities). Accordingly, these Defendants should be dismissed on this basis as well. 3. Prosecutorial Immunity Defendant Freedman is also immune from suit in her role as prosecuting attorney for Miller County, Arkansas. The Supreme Court established the absolute immunity of a prosecutor from a civil suit for damages under Section 1983 “in initiating a prosecution and in presenting the State’s case.” Imbler v. Pachtman, 424 U.S. 409, 431 (1976). This immunity extends to all acts that are Case 4:24-cv-04038-JTS Document 9 Filed 09/04/24 Page 7 of 14 PageID #: <pageID>
8 “intimately associated with the judicial phase of the criminal process.” Id. at 430. Furthermore, immunity is not defeated by “[a]llegations of unethical conduct and improper motive in the performance of prosecutorial functions.” Sample v. City of Woodbury, 836 F.3d 913, 916 (8th Cir. 2016). “[A] prosecutor is immune from suit even if he knowingly presented false, misleading, or perjured testimony . . . or withheld or suppressed exculpatory evidence.” Woodworth v. Hulshof, 891 F.3d 1083, 1089 (8th Cir. 2018) (internal citations omitted). Here, Plaintiff has failed to allege any conduct, against Defendant Freedman, other than the prosecutorial functions of charging Plaintiff with a crime, having her arrested, and incarcerated. Accordingly, Plaintiff’s claims against Defendant Freedman fail as a matter of law. See Brodnicki v. City of Omaha, 75 F.3d 1261 (8th Cir. 1996) (county prosecutors acting as advocate for the state in a criminal prosecution were entitled to absolute immunity from suit). 4. Respondeat Superior Lastly, Plaintiff has failed to allege any allegations against Defendant Supervisor of Headquarters. Plaintiff listed Defendant Supervisor of Headquarters in the section of her Second Amended Complaint requesting the names and address of the Defendants, (ECF No. 8, p. 3), however, she made no allegations against the Defendant Supervisor of Headquarters. Merely listing a Defendant in a complaint is insufficient to support a claim against the Defendant. Krych v. Hass, 83 Fed. Appx. 854, 855 (8th Cir. 2003) (citing Potter v. Clark, 497 F.2d 1206, 1207 (7th Cir. 1974) (per curiam) (“court properly dismissed pro se complaint that was silent as to defendant except for his name appearing in caption)). Furthermore, a claim of deprivation of a constitutional right cannot be based on a respondeat superior theory of liability. See Monell v. Department of Social Servs., 436 U.S. 654, 694 (1978). “[A] supervisor is not vicariously liable under 42 U.S.C. § 1983 for an employee’s Case 4:24-cv-04038-JTS Document 9 Filed 09/04/24 Page 8 of 14 PageID #: <pageID>
9 unconstitutional activity.” White v. Holmes, 21 F.3d 277, 280 (8th Cir. 1994); see also Whitson v. Stone County Jail, 602 F.3d 920, 928 (8th Cir. 2010) (“In a § 1983 case, an official is only liable for his own misconduct and is not accountable for the misdeeds of his agents under a theory such as respondeat superior or supervisor liability.”) (internal quotations omitted); Keeper v. King, 130 F.3d 1309, 1314 (8th Cir. 1997) (general responsibility for supervising the operations of a prison is insufficient to establish the personal involvement required to support liability). “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)). Therefore, if Plaintiff’s inclusion of Defendant Supervisor of Headquarters was solely based on their supervisory role, the claim also fails as a matter of law. Accordingly, the State of Arkansas, State of Arkansas Headquarters Troop G, State Police Troop G, Miller County Sheriff’s Office, Defendant Meadows in his official capacity only, Defendant Freedman, and Defendant Supervisor of Headquarters should be dismissed from this matter along with all claims asserted against them.0F 1 B. Remaining Defendants 1 The Court notes all individual and official capacity claims against the State of Arkansas, State of Arkansas Headquarters Troop G, State Police Troop G, Miller County Sheriff’s Office, Amy Freedman, and Supervisor of Headquarters are recommended for dismissal while only the official capacity claims against Defendant Meadows are recommended for dismissal. f Case 4:24-cv-04038-JTS Document 9 Filed 09/04/24 Page 9 of 14 PageID #: <pageID>
10 This leaves Defendant Meadows in his individual capacity and the Defendant Booking Officer as the only remaining Defendants. The Court will address Plaintiff’s claims against each below. 1. Defendant Meadows In Plaintiff’s Claim One, she claims Defendant Meadows violated her Fourth, Fifth, and Eighth Amendment rights through her arrest on March 24, 2024. Specifically, Plaintiff claims Defendant Meadows (1) disabled her with his “pit maneuver;” (2) took her identity; (3) unlawfully arrested her; (4) unreasonably searched and seized her; (5) racially profiled her (6) falsely imprisoned her; (7) harassed her; (8) deprived and coerced her; (8) discriminated against her; and (9) abused his authority. First, the Court notes it interprets Plaintiff’s references of identity theft, deprivation, and coercion to be related to her due process claim over her DNA sample. As shown in the background section herein, Plaintiff explained her DNA was taken once she was booked into the Miller County Detention Center (“MCDC”). (ECF No. 8, p. 5). Accordingly, all these allegations will fall under Plaintiff’s due process claim relating to the DNA sample taken from Plaintiff. Next, the Court interprets Plaintiff’s reference regarding Defendant Meadows’s “pit maneuver,” harassment, and abuse of authority to all relate to her unreasonable search and seizure claim against Defendant Meadows as Plaintiff did not assert any claims of excessive force. All Plaintiff’s claims related to her arrest, search, seizure, booking, and incarceration surrounding the March 24, 2024 events are not yet ripe for consideration by this Court. Plaintiff’s state criminal charges of fleeing—resulting from the March 24, 2024 arrest, booking, and incarceration—are still pending before the Miller County Circuit Court. State v. Dudley, 46CR- Case 4:24-cv-04038-JTS Document 9 Filed 09/04/24 Page 10 of 14 PageID #: <pageID>
11 24-283, Miller County Circuit Court Eighth Circuit Division, https://caseinfo.arcourts.gov/opad/case/46CR-24-283 (last visited Aug. 21, 2024). 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 proceedings have concluded, that is, we have permitted federal courts applying Case 4:24-cv-04038-JTS Document 9 Filed 09/04/24 Page 11 of 14 PageID #: <pageID>
12 abstention principles in damages actions to enter a stay, but we have not permitted them to dismiss the action altogether. Here, Plaintiff seeks compensatory damages for her due process, unreasonable search and seizure, unlawful arrest and incarceration, and racial profiling and discrimination claims against Defendant Meadows. As these claims all arose during Plaintiff’s arrest by Defendant Meadows— Arkansas State Trooper—and the criminal charges stemming from this arrest are still pending in Miller County, Arkansas, the Court finds the State of Arkansas has an important state interest in addressing all of Plaintiff’s claims. Furthermore, Plaintiff has not presented any reason why she cannot present these claims first to the Miller County Circuit Court. Accordingly, it is appropriate, pursuant to the Younger doctrine, to stay Plaintiff’s remaining claims against Defendant Meadows until her state criminal case concludes. 2. Defendant Booking Officer #BR0829 In Claim Two Plaintiff claims, Defendant Booking Officer violated her due process rights when she stole her DNA on March 24, 2024. Plaintiff also alleges an official capacity claim against Defendant Booking Officer alleging (1) discrimination, (2) fraud, (3) defamation, (4) interference with public health and welfare, and (5) conspiracy.1F 2 As with Plaintiff’s Claim One against Defendant Meadows, Plaintiff’s Claim Three stems from her arrest and booking on March 24, 2024. Additionally, the State of Arkansas has a state statute governing the procurement of DNA samples of arrestees. See Ark. Code Ann. § 12-12- 1006. Accordingly, the Court finds, applying the same Younger analysis here as it did with Defendant Meadows, that the State of Arkansas has an important interest in Plaintiff’s asserted 2 The official capacity claims against Defendant Booking Officer survive sovereign immunity as the Court understands the Booking Officer to be an employe of the MCDC. Case 4:24-cv-04038-JTS Document 9 Filed 09/04/24 Page 12 of 14 PageID #: <pageID>
13 claims, Plaintiff has a pending criminal matter before the Miller County Circuit Court, and Plaintiff has not shown why she cannot present this due process claim in that proceeding. Accordingly, it is appropriate, pursuant to the Younger doctrine, to stay Plaintiff’s Claim Three regarding her DNA until her state criminal case concludes. Additionally, to the extent Plaintiff’s official capacity claims of fraud, defamation, interference with public health and welfare, and conspiracy assert state law claims against Defendant Booking Officer, the Court declines to exercise jurisdiction over them at this time. See Franklin v. Zain, 152 F.3d 783, 786 (8th Cir. 1998) (explaining a federal court may decline to exercise supplemental jurisdiction over a pendent state claim if it has dismissed all claims over which it had original jurisdiction under. 28 U.S.C. § 1367(c)(3).). IV. CONCLUSION For these reasons, it is recommended Plaintiff’s Motion for Service (ECF No. 3) be DENIED. Specifically, Plaintiff’s claims against the State of Arkansas, State of Arkansas Headquarters Troop G, State Police Troop G, Miller County Sheriff’s Office, Defendant Meadows in his official capacity only, Defendant Freedman, and Defendant Supervisor of Headquarters should be DISMISSED without prejudice as the State of Arkansas, State of Arkansas Headquarters Troop G, State Police Troop G, Defendant Meadows in his official capacity, and Defendant Freedman are all immune from suit and Plaintiff has failed to state a claim upon which relief can be granted against Miller County Sheriff’s Office and Defendant Supervisor of Headquarter. Furthermore, it is recommended that all remaining claims against Defendants Meadows in his individual capacity and Booking Officer be administratively stayed until such time Plaintiff can show the Court her criminal case has been resolved in Miller County Circuit Court. Further, Case 4:24-cv-04038-JTS Document 9 Filed 09/04/24 Page 13 of 14 PageID #: <pageID>
14 it is recommended Plaintiff be provided thirty (30) days from the resolution of her criminal case in Miller County to notify this Court if she desires to reopen this matter. 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 4th day of September 2024. /s/ Barry A. Bryant HON. BARRY A. BRYANT UNITED STATES MAGISTRATE JUDGE Case 4:24-cv-04038-JTS Document 9 Filed 09/04/24 Page 14 of 14 PageID #: <pageID>
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