Sheets v. Mackey et al

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
FAYETTEVILLE DIVISION
AARON MICHAEL SHEETS 	PLAINTIFF
v. 	No. 5:24-cv-5073
DETECTIVE JOHN MACKEY, et al. 	DEFENDANTS
ORDER
The Court has received a report and recommendation (“R&R”) (Doc. 8) from United States
Magistrate Judge Christy D. Comstock. 	The Magistrate Judge recommends on preservice
screening under 28 U.S.C. § 1915A that Plaintiff’s Claims 3–7, as well as all of Plaintiff’s official
capacity claims, be dismissed without prejudice for failure to state a claim on which relief may be
granted. (Doc. 8, p. 12). The Magistrate Judge additionally recommends that Plaintiff’s Claims 1
and 2 be allowed to proceed. Id. Plaintiff has filed an objection (Doc. 9) to the R&R challenging
only the exclusion of Claims 3–7.
Upon de novo review, the Court finds that the R&R should be adopted in part insofar as it
recommends dismissal of the official capacity claims and Claims 3, 4, 6, and 7. 	However, the
Court believes that Claim 5 can be read to allege a conspiracy to violate Plaintiff’s Fourth
Amendment rights. 	Stone v. Harry, 364 F.3d 912, 915 (8th Cir. 2004) (“[I]f the essence of an
allegation is discernable, 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.”). Accordingly, the Court will decline to adopt the R&R as regards
Count 5.
IT IS THEREFORE ORDERED that the Report and Recommendation of the Magistrate
Judge (Doc. 8) is ADOPTED IN PART as set forth above.
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IT IS FURTHER ORDERED that Claims 3, 4, 6, and 7, as well as all claims against any
defendants in their official capacities, are DISMISSED WITHOUT PREJUDICE.
IT IS FURTHER ORDERED that Plaintiff’s Claims 1, 2, and 5 be allowed to proceed for
service and further litigation.
IT IS SO ORDERED this 2 nd day of August, 2024.
/s/P. K. Holmes , III
P.K. HOLMES, III
U.S. DISTRICT JUDGE
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