Riley v. Jones et al

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
TEXARKANA DIVISION
MICHAEL EDWARD RILEY 	PLAINTIFF
v. 	Case No. 4:24-cv-04130
SPECIAL AGENT JOHN JONES;
INVESTIGATOR JAKE EUDY;
CHIEF DEPUTY JOEY DAVIS;
CIRCUIT JUDGE TOM COOPER;
CIRCUIT JUDGE BRYAN CHESSIR;
SHERIFF BRYAN MCJUNKINS;
JAIL ADMIN JANA TALLENT;
9th WEST JUDICIAL CIRCUIT COURT;
9th WEST JUDICIAL DRUG TASK FORCE;
HOWARD COUNTY SHERIFF’S OFFICE;
HOWARD COUNTY DETENTION CENTER;
and PROSECUTOR AARON BRASSEL 	DEFENDANTS
ORDER
Before the Court is the Report and Recommendation filed February 7, 2025, by the Honorable
Barry A. Bryant, United States Magistrate Judge for the Western District of Arkansas. (ECF No. 8).
Judge Bryant recommends that: (1) all claims against Defendants Judge Tom Cooper (“Judge
Cooper”), Judge Bryan Chesshir (“Judge Chesshir”), and Prosecutor Aaron Brasel (“Prosecutor
Brasel”) be dismissed pursuant to 28 U.S.C. § 1915A(b)(2) because these Defendants are immune from
suit; (2) Defendants Judge Cooper, Judge Chesshir, and Prosecutor Brasel be dismissed from this
action; (3) all claims against Defendants Sheriff Bryan McJunkins (“Sheriff McJunkins”), Howard
County Jail, Howard County Sheriff’s Office, 9th West Judicial Drug Task Force, and 9th West Judicial
Circuit Court be dismissed without prejudice pursuant to 28 U.S.C. § 1915A(b)(1) for failure to state
a claim upon which relief may be granted; (4) Defendants Sheriff McJunkins, Howard County Jail,
Howard County Sheriff’s Office, 9th West Judicial Drug Task Force, and 9th West Judicial Circuit
Court be dismissed from the instant action; and (5) the Due Process and First Amendment claims
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against Defendants Special Agent John Jones (“Agent Jones”), Investigator Jake Eudy (“Investigator
Eudy”), and Chief Deputy Joey Davis (“Deputy Davis”), in their individual and official capacities,
remain for further litigation.
Plaintiff has not responded to the Report and Recommendation, and the time to do so has
passed. See 28 U.S.C. § 636(b)(1). Upon review, finding no clear error on the face of the record and
that Judge Bryant’s reasoning is sound, the Court adopts the Report and Recommendation (ECF No.
8) in toto. Accordingly:
(1) all claims against Defendants Judge Cooper, Judge Chesshir, and Prosecutor Brasel should be and
hereby are DISMISSED WITHOUT PREJUDICE pursuant to 28 U.S.C. § 1915A(b)(2) because
these Defendants are immune from suit;
(2) Defendants Judge Cooper, Judge Chesshir, and Prosecutor Brasel are DISMISSED from this
action;
(3) all claims against Defendants Sheriff McJunkins, Howard County Jail, Howard County Sheriff’s
Office, 9th West Judicial Drug Task Force, and 9th West Judicial Circuit Court should be and
hereby are DISMISSED WITHOUT PREJUDICE pursuant to 28 U.S.C. § 1915A(b)(1) for
failure to state a claim upon which relief may be granted;
(4) Defendants Sheriff McJunkins, Howard County Jail, Howard County Sheriff’s Office, 9th West
Judicial Drug Task Force, and 9th West Judicial Circuit Court are DISMSSED from the instant
action; and
(5) All Due Process and First Amendment claims against Defendants Agent Jones, Investigator Eudy,
and Deputy Davis, in their individual and official capacities, shall remain for further litigation.
IT IS SO ORDERED, this 5th day of March, 2025.
/s/ Susan O. Hickey
Susan O. Hickey
Chief United States District Judge
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