United States District Court, W.D. Arkansas, Hot Springs Division
Lee Anderson, Plaintiff, Pro Se.
Graves, Defendant, represented by Cecilia L. Ashcraft,
Malvern City Attorney.
REPORT AND RECOMMENDATION
A. BRYANT, Magistrate Judge.
a civil rights action filed by the Plaintiff, Robert Lee
Anderson, pursuant to 42 U.S.C. Â§ 1983. Pursuant to the
provisions of 28 U.S.C. Â§ 636(b)(1) and (3)(2011), the
Honorable Susan O. Hickey, United States District Judge,
referred this case to the undersigned for the purpose of
making a report and recommendation. Currently before the
Court is Defendant Graves' Motion to Dismiss. ECF No. 18.
filed his Complaint in the Eastern District of Arkansas on
May 26, 2015. ECF No. 1. It was properly transferred to this
District on May 27, 2015. ECF No. 3. Plaintiff filed a
Supplement to his Complaint on July 30, 2015. ECF No. 6.
Complaint Plaintiff alleges Defendant Graves lied on his
probable cause affidavit. Specifically, he alleges Defendant
Graves lied about the amount of methamphetamine found on his
person when he was arrested after a traffic stop. ECF No. 1,
p. 4. Plaintiff attached a copy of this affidavit. It states
Defendant Graves made a traffic stop when he observed
Plaintiff cross the line into another traffic lane. When
Defendant ran Plaintiff through the system, he found an
active Hot Spring County, Arkansas, warrant on Plaintiff for
failure to appear. Plaintiff was placed under arrest and
searched, and a clear plastic baggie containing 2.2 grams of
a crystal substance was found on Plaintiff's person. ECF
No. 1, pp. 5-6. Plaintiff alleges he lost his job and vehicle
because Defendant Graves lied about the amount of
methamphetamine found. He alleges his bond would have been
lower if the amount of methamphetamine had been correctly
stated to be the half gram he was actually carrying. ECF No.
1, p. 4.
proceeds against Defendant Graves in his official capacity
only. ECF No. 1, p. 2. He seeks to have the charges against
him dropped, and "whatever we can do." ECF No. 1,
Supplement, Plaintiff provided a copy of the crime lab
report. This report states the amount of methamphetamine was
1.2593g (0.0010g). ECF No. 6, p. 2. Plaintiff elaborated
on his Complaint, stating "if he would not have lied on
my affidavit, my bond would have not [been] so high and I
could have bond-out and.. not lost my job or my truck."
ECF No. 6, p. 4. He further points out he was stopped for a
traffic violation, but never received a traffic ticket. ECF
No. 6, p. 1.
Graves filed his Motion to Dismiss on December 14, 2015. ECF
No. 18. In this Motion, Defendant asserts qualified immunity
in his individual capacity, he is immune from suit in his
official capacity, and also indicates Plaintiff plead guilty
to the charges against him, essentially admitting the facts
he now claims are untrue. ECF No. 18, p. 2.
8(a) contains the general pleading rules and requires a
complaint to present "a short and plain statement of the
claim showing that the pleader is entitled to relief."
Fed.R.Civ.P. 8(a)(2). "In order to meet this standard,
and survive a motion to dismiss under Rule 12(b)(6), a
complaint must contain sufficient factual matter, accepted as
true, to state a claim to relief that is plausible on its
face.'" Braden v. Wal-Mart Stores, Inc.,
588 F.3d 585, 594 (8th Cir. 2009) (quoting Ashcroft v.
Iqbal, 556 U.S. 662, 678 (2009) (internal quotations
omitted)). "A claim has facial plausibility when the
plaintiff pleads factual content that allows the court to
draw the reasonable inference that the defendant is liable
for the misconduct alleged." Ashcroft, 556 U.S.
at 678. While the Court will liberally construe a pro
se plaintiff's complaint, the plaintiff must allege
sufficient facts to support their claims. See
Stone v. Harry, 364 F.3d 912, 914 (8th Cir. 2004).
argues the case should be dismissed for three reasons: 1)
Plaintiff failed to state a constitutional claim, and any
constitutional claim would be barred by qualified immunity;
2) the City of Malvern is immune from suit pursuant to Ark.
Code. Â§ 21-9-301; and 3) Plaintiff's claim concerning ...