4:25-cv-04091•Roberts v. Butler
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1 IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS TEXARKANA DIVISION CLIFTON LEE ROBERTS PLAINTIFF v. Civil No. 4:25-cv-04091-SGS GINA BUTLER DEFENDANTS MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION Plaintiff, Clifton Lee Roberts, currently an inmate of the Little River County Detention Center (“LRCDC”) in Ashdown, Arkansas, filed this action pursuant to 42 U.S.C. § 1983. 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 at least some of Plaintiff’s claims, this document will be filed as a Report and Recommendation and the case will automatically be reassigned to 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 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 original Complaint on October 28, 2025 (ECF No. 1) and his Amended Complaint on November 18, 2025 (ECF No. 6). Plaintiff was granted in forma pauperis status Case 4:25-cv-04091-SOH Document 7 Filed 12/11/25 Page 1 of 6 PageID #: <pageID>
2 on October 28, 2025. (ECF No. 3). In his Amended Complaint, Plaintiff only names one Defendant, Gina Butler, the Jail Administrator at the LRCDC. (ECF No. 6, p. 2). Plaintiff claims that on September 30, 2025, Defendant Butler violated his “Equal Rights and Protections under the Constitution of the United States.” (ECF No. 6, p. 4). Specifically, Plaintiff claims: Gina Butler the Jail Administrator dropped a methamphetamine pipe used for the purpose of smoking methamphetamines from the pants leg of her jeans in the middle of court. The jail is saying that it came out of my shackles that were around my ankles. The jailer Steve Butler was walking me out of the courtroom back to the jail and the pipe fell on the floor from Gina Butlers pants leg. I seen it fall from her jeans. They haven’t charged anyone yet but there are accusations from jail staff saying it feel from the shackles I was wearing. I wasn’t physically injured, but I want the responsible party charged under equal rights for every citizen in this country I fear that if it isn’t investigated properly and charged that the staff here will dismiss it or charge me with the drug paraphernalia charge. (ECF No. 6, pp. 4-5). Plaintiff seeks punitive damages and for Defendant Butler to be investigated and fired. Id. at 9. Furthermore, Plaintiff states: All citizens in this county are supposed to be equal but this county is in a habit of habitually charging people with crimes that were not committed or planting evidence. I want this to be investigated properly . . . and the rest of the jail staff to be held accountable. Either she was planning on planting the pipe on someone or she was using the pipe for herself. She should be hair follicle tested by an outside organization and if she fails then should be fired and investigated. (ECF No. 6, 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). Case 4:25-cv-04091-SOH Document 7 Filed 12/11/25 Page 2 of 6 PageID #: <pageID>
3 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 4:25-cv-04091-SOH Document 7 Filed 12/11/25 Page 3 of 6 PageID #: <pageID>
4 “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 Before the Court can consider whether Plaintiff has stated a cognizable Section 1983 claim, it must first consider whether Plaintiff has standing to bring his claims. “[S]tanding is a jurisdictional prerequisite that must be resolved before reaching the merits of a suit.” Pratt v. Helms, 73 F.4th 592, 594 (8th Cir. 2023) (quoting City of Clarkson Valley v. Mineta, 495 F.3d 567, 569 (8th Cir. 2007)). “The plaintiff bears the burden to allege an injury in fact, causation, and redressability.” Id. (citing Lujan v. Defs. of Wildlife, 504 U.S. 555, 560-61 (1992)). “To support standing, an injury must be legally and judicially cognizable.” Id. (quoting Va. House of Delegates v. Bethune-Hill, 587 U.S. 658, 666 (2019)). Here, Plaintiff claims there have been accusations made against him that a methamphetamine pipe in the courtroom floor was his, but no charges have been filed against him regarding said pipe. Plaintiff goes on to assert he is fearful criminal charges will be filed against him if Defendant Butler is not investigated and charged with the drug paraphernalia. Furthermore, Plaintiff alleges Defendant Butler intended to plant the drug paraphernalia on Plaintiff. (ECF No. 6, pp. 4-5). Plaintiff also states, when prompted in the Court’s Complaint Form, that the constitutional right he believes were violated was his “Equal Rights and Protections Case 4:25-cv-04091-SOH Document 7 Filed 12/11/25 Page 4 of 6 PageID #: <pageID>
5 under the Constitution of the United States.” (ECF No. 6, p. 4). Liberally construing Plaintiff’s Amended Complaint, the Court interprets his Section 1983 claim to allege his rights—pursuant to the Equal Protection Clause of the Fourteenth Amendment—were violated by these accusations or by Defendant Butler’s purported framing attempt. First, assuming Plaintiff was a crime victim as alleged for the purposes of this Report and Recommendation only, the Court notes the United States Court of Appeals for the Eighth Circuit has recently held that a crime victim does not have standing to sue public officials for their failure to investigate an alleged crime. Pratt, 73 F.4th at 594. This Court, therefore, lacks jurisdiction to consider Plaintiff’s claim that the Defendant tried to plant the drug paraphernalia on him and his claim some unnamed official failed to investigate this attempted framing. Thus, this claim should be dismissed. Additionally, it is well settled that “a crime victim cannot sue a government official for failing to prosecute his assailant.” Parkhurst v. Tabor, 569 F.3d 861(8th Cir. 2009). Furthermore, even if Plaintiff had standing to pursue his claim, he has failed to state a cognizable claim pursuant to the Equal Protection Clause. To establish a violation of the Equal Protection Clause, the plaintiff “must show that he was treated differently than other persons who were ‘in all relevant respects similarly situated.’” Flowers v. City of Minneapolis, Minn., 558 F.3d 794, 798 (8th Cir. 2009) (quoting Bills v. Dahm, 32 F.3d 333, 335 (8th Cir. 1994)). Here, Plaintiff fails to plausibly allege any facts suggesting that he was treated differently than those similarly situated to him. Accordingly, Plaintiff’s Equal Protection claim fails as a matter of law. IV. CONCLUSION For these reasons, it is recommended the case 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; Case 4:25-cv-04091-SOH Document 7 Filed 12/11/25 Page 5 of 6 PageID #: <pageID>
6 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 should be terminated. 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 11th day of December 2025. /s/ Spencer G. Singleton HON. SPENCER G. SINGLETON UNITED STATES MAGISTRATE JUDGE Case 4:25-cv-04091-SOH Document 7 Filed 12/11/25 Page 6 of 6 PageID #: <pageID>
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