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Dunn v. Bethel

United States District Court, W.D. Arkansas, Hot Springs Division

August 24, 2016

JOHN PAUL DUNN,
v.
OFFICER ROY BETHEL, Defendants et. al., Plaintiff.

          John Paul Dunn, Plaintiff, Pro Se.

          Officer Roy Bethel, Defendant, represented by Jenna Adams, Arkansas Municipal League.

          Officer Aaron Collier, Defendant, represented by Jenna Adams, Arkansas Municipal League.

          Officer Matt Avant, Defendant, represented by Jenna Adams, Arkansas Municipal League.

          AMENDED REPORT AND RECOMMENDATION

          BARRY A. BRYANT, Magistrate Judge.

         Plaintiff filed this case pro se pursuant to 42 U.S.C. § 1983 on January 22, 2016. ECF No. 1. Pursuant to the provisions of 28 U.S.C. § 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.

         The case is before the Court for preservice screening under the provisions of the Prison Litigation Reform Act. Pursuant to 28 U.S.C. § 1915A, the Court shall review complaints in civil actions in which a prisoner seeks redress from a governmental entity or officer or employee of a governmental entity. 28 U.S.C. § 1915A(a).

         1. Background

         Plaintiff is currently incarcerated in the Clark County Jail. ECF No. 10. Plaintiff alleges several claims of constitutional violation. Plaintiff's first claim is false arrest and imprisonment against Defendants Collier, Bethel, Watson, Forga, Avant, Morrison, Cain, and Whitworth. He proceeds against these Defendant in both their official and personal capacities. ECF No. 1, pp. 15-17. These Defendants are identified as employees of the Caddo Valley Police Department, the Clark County Sheriff's Office, or the City of Arkadelphia Police. He alleges Defendant Bethel (Caddo Valley Officer) had no probable cause; illegally searched his vehicle; and prevented him from going back to the vehicle to get documentation, including his prescription for D-methamphetamine. ECF No. 1, pp. 14-15. As an official capacity claim, Plaintiff alleges Defendant Bethel was ignorant of the law and did not do an accurate inventory of his vehicle. ECF No. 1, p. 15. Plaintiff alleges Defendant Forga (Clark County Agent) falsified documents and records to get a warrant. ECF No. 1, p. 15. As an official capacity claim, Plaintiff alleges Defendant Forga was not properly trained in the law, failed to comply with law enforcement standards, and failed to do continuing education. ECF No. 1, p. 16. Plaintiff alleges Defendants Whitworth (Clark County Officer) and Avant (Arkadelphia Officer) failed to do a complete inventory of his vehicle and failed to comply with law enforcement standards. ECF No. 1, p. 16-17. As an official capacity claim against both, Plaintiff alleges failure to comply with commission on law enforcement standards and failure to do continuing education. ECF No. 1, pp. 16-17.

         As harm for Claim One, Plaintiff alleges the loss of liberty and pursuit of happiness, loss of his vehicle, loss of his records and photographs, loss of home, loss of land, loss of job, and the loss of his two pet dogs. ECF No. 1, pp. 14-17. A subsequent submission by Plaintiff on July 6, 2016, includes a letter from Defendant Collier stating the dogs were impounded and were scheduled to be euthanized on July 28, 2014. ECF No. 9, pp. 4. Another submission filed by Plaintiff on July 11, 2016, references the Arkansas Supreme Court, Chief Justice Howard Brill, and indicates Defendant Judge McCallum admitted an error and asked to be recused. ECF No. 9, p. 1. A copy of a July 9, 2014, incident report was also included in the July 11, 2016, submission. In this document, Defendant Bethel states Plaintiff had outstanding warrants for his arrest for failure to appear in New Mexico. Plaintiff added a notation stating it was a single warrant for a seatbelt ticket. He also notes he is ADD/ADHD, and was not under the influence of narcotics. ECF No. 9, p. 2. Plaintiff filed documents on January 22, 2016. This submission included a mental diagnostic evaluation and a certificate labelled "Malvern Police Department, Police Officer Oath of Office." Plaintiff was the officer signing this oath. ECF No. 5.

         For Claim Two, Plaintiff alleges denial of medical care against Defendants Mayhue, Wyndham, Morrison, and Foley. Defendants are identified as employees of Clark County Detention Facility. He proceeds against these Defendant in both their official and personal capacities. ECF No. 1, pp. 18-20. He alleges he was denied amphetamine/methamphetamine for his ADD/ADHD, medication for an abscessed tooth, and HIV treatment. ECF No. 1, p. 17. Plaintiff alleges Defendant Mayhue (Jail Administrator) failed to act within standards and care and did not provide treatment or pain medication for his HIV and an abscessed tooth. As an official capacity claim, Plaintiff alleges Defendant Mayhue failed to do any education or training and failed to have trained medical staff on duty twenty-four hours a day. ECF No. 1, p. 18. Plaintiff alleges Defendant Wyndham (Jailer) would not listen to him and told him if he saved his Tylenol for later use it would be contraband. He also told him if he had a medical emergency at 3:00 a.m. he was "out of luck." ECF No. 1, p. 18. Plaintiff alleges Defendant Morrison (Jailer) failed to contact medical personnel in an emergency situation, failed to act within standards, failed to do hourly rounds to check on prisoners, and failed to dispense medication when needed. ECF No. 1, p. 19. Plaintiff alleges Defendant Foley (Jailer) failed to act within jail standards and failed to render aid immediately when notified. ECF No. 1, p. 20. As official claims against the jailers, Plaintiff alleges failure to be properly trained, failure to continue education, failure to render aid immediately or seek aid. ECF No. 1, pp. 19-20.

         As harm for Claim Two, Plaintiff alleges loss of teeth, and harm to his life span, liver, heart, and immune system. ECF No. 1, pp. 18-20.

         For Claim Three, Plaintiff alleges punishment without due process of law against Judge Robert McCallum, Judge Randy Hill, Prosecuting Attorney Blake Batson, and Public Defenders Timothy Beckham and Janice Williams. ECF No. 1, pp. 21-24. Plaintiff alleges Judge McCallum gave him excessive bail and failed to act within the standards of the United States Constitution. As an official capacity claim, he alleges Judge McCallum violated the rules of criminal procedure and failed to do continued education. ECF No. 1, p. 21. Plaintiff alleges Judge Hill failed to have any evidence of "allow him a chance to mount a vigorous defense. I lost everything." As an official capacity claim against Judge Hill, Plaintiff alleges failure to do continuing education and keep up with current events, and failure to abide by separation of church and state. "He made some biblical remarks that I know nothing or care nothing about." Plaintiff also alleges he failed to follow the rules of criminal procedure. ECF No. 1, p. 22. Plaintiff alleges Prosecutor Batson failed to want the facts or any evidence which would show he was a law-abiding citizen. As an official capacity claim he alleges Batson failed to do continuing education, keep up with the laws, or follow the rules of criminal procedure. ECF No. 1, pp. 22-23. Plaintiff alleges Public Defender Beckham violated attorney-client privilege. As an official capacity claim, Plaintiff alleges Beckham failed to comply with the rules of criminal procedure and failed to do continuing education. ECF No. 1, p. 23. Plaintiff named Janice Williams under this claim, but made no specific allegations against her.

         For Claim Four, Plaintiff alleged denial of medical care against several employees of the Arkansas State Hospital. This claim was transferred to the ...


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