United States District Court, W.D. Arkansas, Hot Springs Division
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
A. BRYANT, Magistrate Judge.
filed this case pro se pursuant to 42 U.S.C. Â§ 1983
on January 22, 2016. ECF No. 1. 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
case is before the Court for preservice screening under the
provisions of the Prison Litigation Reform Act. Pursuant to
28 U.S.C. Â§ 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. Â§ 1915A(a).
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,
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.
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.
for Claim Two, Plaintiff alleges loss of teeth, and harm to
his life span, liver, heart, and immune system. ECF No. 1,
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.
Claim Four, Plaintiff alleged denial of medical care against
several employees of the Arkansas State Hospital. This claim
was transferred to the ...