United States District Court, E.D. Arkansas, Northern Division
BETH DEERE, Magistrate Judge.
I. Procedures for Filing Objections:
This Recommended Disposition ("Recommendation") has been sent to Chief United States District Judge Brian S. Miller. Any party may file written objections to this Recommendation.
Objections must be specific and must include the factual or legal basis for the objection. An objection to a factual finding must identify the finding of fact believed to be wrong and describe the evidence that supports that belief.
An original and one copy of your objections must be received in the office of the United States District Court Clerk within fourteen (14) days of this Recommendation. A copy will be furnished to the opposing party.
If no objections are filed, Judge Miller can adopt this Recommendation without independently reviewing all of the evidence in the record. By not objecting, you may also waive any right to appeal questions of fact.
Mail your objections to:
Plaintiff Amber Ybarra, an Arkansas Department of Correction inmate, filed this lawsuit pro se under 42 U.S.C. § 1983, alleging that Ray Hobbs, Raymond Naylor, Grant Harris, John Maples, Billy Inman, Linda Dixon, and Nurhuzural Faust violated her constitutional rights by allowing her to be physically attacked by Officer Leroy Hoots (not a party to this lawsuit) on April 9, 2011. (Docket entry #2) Ms. Ybarra claims that the Defendants were aware of Officer Hoots's history of using excessive force against inmates but failed to remedy the situation.
In 2011, Ms. Ybarra filed a previous lawsuit based on the same incident, Ybarra v. Hoots, E.D. Ark. Case No. 1:11cv57 ("Ybarra I"). In that lawsuit, Ms. Ybarra named Officer Hoots and Lieutenant Dixon as Defendants. Although Ms. Ybarra's claims against Lieutenant Dixon were dismissed, without prejudice, based on her failure to exhaust administrative remedies, she proceeded to a jury trial on her claim against Officer Hoots. The jury returned a verdict in Officer Hoots's favor. The jury verdict was upheld on appeal, and the Supreme Court denied Ms. Ybarra's petition for writ of certiorari.
Defendants have now moved to dismiss the claims Ms. Ybarra raises in this lawsuit. (#17) In addition to arguing that Ms. Ybarra's claims are time-barred, Defendants contend that: they are entitled to sovereign immunity; Ms. Ybarra's claims are barred by the doctrines of res judicata (claim preclusion) and collateral estoppel (issue preclusion), and Ms. Ybarra lacks the authority to bring an action under the Civil Rights of Institutionalized Persons Act ("CRIPA"). Ms. Ybarra has responded to the Defendants' motion. (#20)
For the reasons set forth below, the Court recommends that the Defendants' motion (#17) be GRANTED and that Ms. Ybarra's claims be DISMISSED, with prejudice.
A. Statute of ...