Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Silpot v. Napier

United States District Court, W.D. Arkansas, Fort Smith Division

October 26, 2016

GLENFORD OLANDO SILPOT, PLAINTIFF
v.
GREG NAPIER, Fort Smith Police Department, Narcotics Unit; ERIC FAIRLESS, Detective, Fort Smith Police Department, Narcotics Unit; FORT SMITH POLICE DEPARTMENT, Narcotics Department; ROBERT McCLURE, Prosecutor for Sebastian County; JUDGE TABER, Sebastian County, Criminal Division, DEFENDANTS

          ORDER

          P. K. HOLMES, III CHIEF U.S. DISTRICT JUDGE

         This is a civil rights action filed by the Plaintiff pursuant to 42 U.S.C. § 1983. Plaintiff proceeds pro se and in forma pauperis (IFP).

         Pursuant to 28 U.S.C. § 1915(e)(2), the Court has the obligation to screen any complaint in which an individual has sought leave to proceed IFP. 28 U.S.C. § 1915(e)(2). On review, the Court is to dismiss the complaint, or any portion of the complaint, that is frivolous, malicious, or fails to state a claim upon which relief may be granted, or seeks monetary relief from a defendant who is immune from such relief. 28 U.S.C. § 1915(e)(2)(B).

         I. BACKGROUND

         Plaintiff filed his complaint on February 24, 2016. (Doc. 1, p. 2). At the time he filed this action, Plaintiff was incarcerated at the Sebastian County Jail in Fort Smith, Arkansas. (Doc. 1, p. 2). Plaintiff named as defendants in this case the following individuals: Greg Napier, a policeman for the Fort Smith Police Department's narcotics unit; Detective Eric Fairless, a detective for the Fort Smith Police Department's narcotics unit; Judge Taber, a Circuit Judge for Sebastian County, criminal division; Robert McClure, a prosecuting attorney in Sebastian County; and Fort Smith Police Department, narcotics department. (Doc. 1, pp. 2-3).

         In his complaint, Plaintiff alleges that his Fourth Amendment constitutional rights have been violated by the execution of a fraudulent search warrant dated October 8, 2015. (Doc.1, p. 12). Plaintiff alleges that the search warrant was not signed by judge order and was not in relation to the items seized from his residence. (Doc. 1, p. 12). Specifically, the warrant was signed for another residence on the same street and then later fraudulently duplicated. (Doc. 1, p. 16). The duplicated search warrant did not pertain to the Plaintiff's address, 2716 Neis St, Fort Smith, Arkansas 72906. (Doc. 1, p. 16).

         With respect to Defendant Detective Greg Napier, Plaintiff alleges that the Defendant issued a false arrest warrant that contained false accusations, which led to the false arrest of the Plaintiff. (Doc. 1, p. 4). During this allegedly illegal arrest, the Defendant used excessive force when he stepped on the Plaintiff's back and “excessive hand cuff Plaintiff.” (Doc. 1, p. 4). Plaintiff alleges that because this Defendant illegally searched his residence, he lost everything of value that was within that residence. (Doc. 1, p. 5). Plaintiff further alleges that the Defendant issued to him, while in custody at the Sebastian County Jail, a duplicate search warrant dated October 8, 2015, sworn by Detective Eric Fairless. (Doc. 1, p. 16). This duplicate search warrant did not pertain to the Plaintiff's address, 2716 Neis St., Fort Smith, Arkansas 72906. (Doc. 1, p. 16). Plaintiff alleges that Detective Napier attached an unsigned evidence sheet to this duplicated search warrant in order to cover up illegal search and seizure procedures used by the Defendant. (Doc. 1, p. 19).

         With respect to Defendant Detective Eric Fairless, Plaintiff alleges that the Defendant swore to a fraudulent search warrant dated October 8, 2015. (Doc. 1, p. 1). On this date, the Defendant gave a sworn affidavit to Sebastian County Criminal Judge Taber containing false accusations about the Plaintiff and his residence. (Doc. 1, p. 6). As a result of the Defendants' sworn oath, Sebastian County Narcotics unit executed an illegal search warrant, with respect to the Plaintiff's residence, which resulted in loss of Plaintiff's residence and other property illegally seized. (Doc. 1, p. 6). Plaintiff further alleges, that this Defendant's sworn testimony led to false charges being filed against him and a false arrest. (Doc. 1, p. 6).

         Regarding Defendant Judge Taber, the Plaintiff alleges that the Defendant issued an illegal search warrant to Detective Eric Fairless and later Greg Napier dated October 8, 2015. (Doc. 1, pp. 6-7). Each of these warrants contained inconsistences with respect to the Plaintiff's residence address and the evidence to be seized. (Doc. 1, p. 7). This resulted in the Plaintiff being falsely imprisoned, at the Sebastian County Jail, for four (4) months. (Doc. 1, p. 7).

         As for the Defendant Fort Smith Police Department's narcotics unit, the Plaintiff alleges that the Defendant was negligent in accompanying Greg Napier and Detective Eric Fairless in carrying out an illegal search of the Plaintiff's residence. (Doc. 1, p. 8). Detective Eric Fairless and Greg Napier are both members of the Fort Smith Police Department's narcotics department.

         Finally, with respect to Defendant Robert McClure, prosecuting attorney, Plaintiff alleges the Defendant had prior knowledge of the two illegal search warrants and the inconsistences they contained. (Doc. 1, p. 9). Plaintiff further alleges that Defendant Robert McClure failed to produce any physical evidence to support his claim that Plaintiff was in control of more than 2 grams but less than 10 grams of a schedule II controlled substance. (Doc. 1, p. 8). Plaintiff alleges Defendant Robert McClure failed to respond to Plaintiff's discovery requests for evidence in support of the allegations against him. (Doc. 1, p. 8). Lastly, Plaintiff alleges that the Defendant was negligent in falsely imprisoning the Plaintiff. (Doc. 1, p. 9).

         Plaintiff also alleges that his constitutional rights have been violated by an illegal deprivation of his liberty. Plaintiff states that due to the execution of an illegal search warrant, by Detectives Eric Fairless and Greg Napier, which lead to an illegal arrest, the Plaintiff's probation was revoked. (Doc. 1, p. 4). The Plaintiff alleges that due to his false imprisonment, he lost everything of value, including his residence, everything inside his residence, and his vehicle. (Doc. I, p. 6).

         Plaintiff proceeds against all Defendants in both their official and personal capacities. As relief, Plaintiff seeks “both mental/physical damage[s]. There's no State [of] Arkansas evidence [produced by the] laboratory results on 10-7-15. 10-8-15, charges [for] two search warrants [and] illegal residence invasion. [Resulting in, ] Confinement, residence/ vehicle gone.” (Doc. 1, p. 10).

         From this the Court infers that the Plaintiff seeks compensatory damages for all seized property inside the residence, for the residence, and for mental and physical damage caused due to the illegal search and arrest. The Court further infers that Plaintiff is requesting that all charges as the result ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.