Raper v. Hildreth et al

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IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
EL DORADO DIVISION
CARRIE DAWN RAPER 	PLAINTIFF
v. 	Civil No. 1:23-cv-01034-SOH-BAB
POLICE CHIEF SHAUN HILLDRETH, Warren
Police Department; DETECTIVE ROBBIE ASHCRAFT,
Warren Police Department; and DETECTIVE TIM
NICHOLS, Warren Police Department 	DEFENDANTS
ORDER
Plaintiff has filed a Motion for Issuance of a Rule 45 Subpoena. 	(ECF No. 23). 	She asks
for a subpoena to be issued for “discovery on case No: 06CR-21-04 and case number 09CR-20-
25.” 	Plaintiff indicates she has never seen the discovery in the criminal cases against her. 	She
believes the discovery will allow her to show that “Miranda was never given me.”
According to the allegations of the Amended Complaint, Chief Hilldreth and the detectives
denied her the right to an attorney and forced her to testify or make statements against her will on
a number of occasions. 	(ECF No. 8 at 4). 	Plaintiff alleges the criminal charges against her were
eventually dropped. 	Id.
At this stage, the Motion for Issuance of a Rule 45 Subpoena (ECF No. 23) is
DENIED. 	As Plaintiff mentions in the Amended Complaint, the Miranda waiver rights forms
should be in the possession of the Defendants. 	If after Plaintiff engages in discovery with the
Defendants she is still unable to obtain information she believes is relevant to her claims, she may
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file another motion asking for the issuance of a subpoena.
IT IS SO ORDERED this 26th day of July 2023.
/s/ Barry A. Bryant
HON. BARRY A. BRYANT
UNITED STATES MAGISTRATE JUDGE
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