Raper v. Hildreth et al

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
EL DORADO DIVISION
CARRIE DAWN RAPER 	PLAINTIFF
v. 	Case No. 1:23-cv-1034
POLICE CHIEF SHAUN HILDRETH, Warren
Police Department; DETECTIVE ROBBIE
ASHCRAFT, Warren Police Department;
and DETECTIVE TIM NICHOLS, Warren
Police Department 	DEFENDANTS
ORDER
Before the Court is a Report and Recommendation (“R&R”) issued by the Honorable Barry
A. Bryant, United States Magistrate Judge for the Western District of Arkansas. 	ECF No. 28.
After evaluating the Motions to Dismiss by Defendants Shaun Hildreth and Robbie Ashcraft (ECF
No. 13) and Defendant Tim Nichols (ECF No. 20), Judge Bryant recommends that the motions to
dismiss be granted in part and denied in part. 	Specifically, Judge Bryant recommends: 1)
Plaintiff’s Fifth Amendment claims regarding self-incrimination be dismissed for failing to state a
claim; 2) Plaintiff’s Sixth Amendment claims regarding right to counsel be dismissed for failing
to state a claim; 3) all claims regarding events before April 28, 2020 be dismissed for being barred
by the statute of limitations; and 4) Plaintiff be directed to file a Second Amended Complaint to
re-allege only those claims related to events arising after April 28, 2020.
No party has filed an objection to the R&R and the time to do so has passed. See 28 U.S.C.
§ 636(b)(1). Upon review, finding that there is no clear error on the face of the record and that
Judge Braynt’s reasoning is sound, the Court adopts the R&R (ECF No. 28) in toto. Defendants’
Motions to Dismiss (ECF Nos. 13 & 20) are hereby GRANTED IN PART and DENIED IN
PART. 	Plaintiff’s Fifth Amendment self-incrimination claims and Sixth Amendment right to
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counsel claims are hereby DISMISSED WITHOUT PREJUDICE. 	Any claims relating to
events prior to April 28, 2020 are hereby DISMISSED WITH PREJUDICE. 	Plaintiff’s
remaining claims may proceed. Plaintiff is hereby directed to file a Second Amended Complaint
addressing only those claims stemming from events arising after April 28, 2020.
IT IS SO ORDERED, this 18th day of December, 2023.
/s/ Susan O. Hickey
Susan O. Hickey
Chief United States District Judge
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