United States District Court, W.D. Arkansas, Fayetteville Division
HOLMES, III CHIEF U.S. DISTRICT JUDGE
Michael Scott Simpson, filed this action pursuant to 42
U.S.C. § 1983. He proceeds pro se and in
forma pauperis. Currently before the Court is the issue
of whether the Amended Complaint (ECF No. 7) should be served
on Greg Tabor, the Fayetteville Chief of Police.
to 28 U.S.C. § 1915A, the Court has the obligation to
screen any complaint in which a prisoner seeks redress from a
governmental entity or officer or employee of a governmental
entity. 28 U.S.C. § 1915A(a). The Complaint, or any part
of it, must be dismissed if it is frivolous, malicious, fails
to state a claim upon which relief may be granted, or seeks
monetary relief from a defendant who is immune from such
filed the Complaint (ECF No. 1) on July 21, 2017, naming as
Defendants, among others, a John Doe Deputy of the Washington
County Sheriff's Office and a John Doe Officer of the
Fayetteville Police Department. Plaintiff filed an Amended
Complaint (ECF No. 7) on August 2, 2017. He did not identify
the John Doe Defendants in the Amended Complaint (ECF No. 7).
On August 17, 2017, Plaintiff filed a Motion to Add a Party
(ECF No. 10). In the Motion, Plaintiff identified the John
Doe Deputy as Deputy Shannon Smith. The Motion (ECF No. 10)
was granted (ECF No. 11). Deputy Smith was substituted in
place of the John Doe Deputy and service was ordered on him
(ECF No. 11). By Opinion (ECF No. 29) entered on October 13,
2017, Deputy Smith's Motion to Dismiss (ECF No. 13) was
granted and he was dismissed from the action.
was then ordered (ECF No. 24) to provide the identity of the
remaining John Doe Defendant. Chief Tabor (ECF No. 33) was
identified by the Plaintiff. Chief Tabor was then substituted
in place of the John Doe Fayetteville Police Officer by Order
(ECF No. 37) entered on October 25, 2017.
to the allegations of the Amended Complaint (ECF No. 7), on
December 30, 2016, the Plaintiff had an accident on Highway
45 in front of the Goshen, Arkansas, fire station. The first
officer at the scene was with the Goshen Police Department.
According to Plaintiff, this John Doe Officer ran the
Plaintiff's name through the Arkansas Crime Information
Center (ACIC) and the National Crime Information Center
(NCIC) databases to check for warrants. There were none.
alleges Trooper Grant Evans was the second officer to arrive
at the scene and also checked for warrants. Once again,
Plaintiff states the search came back indicating there were
no warrants out for him. Plaintiff states the third officer
on the scene was Deputy Brett Thompson and he also ran the
Plaintiff's name and got the same results.
fourth officer on the scene was the officer now identified as
Deputy Smith. Plaintiff alleges that Deputy Smith:
“gathers all the officers, deputies and trooper Grant
Evans all in a crowd and talks to them, the next thing I know
I'm being arrested and placed in the back of Trooper
Grant Evans[‘] police vehicle under the name Michael
Todd Simpson.” (ECF No. 7 at 9).
alleges he was falsely arrested by Trooper Evans, placed in
the back of his car, and later transferred by Trooper Evans
and Chief Tabor to a Fayetteville Police Department vehicle.
Chief Tabor then transported Plaintiff to the Washington
County Detention Center (WCDC).
relief, Plaintiff seeks compensatory and punitive damages.
is frivolous if “it lacks an arguable basis either in
law or fact.” Neitzke v. Williams, 490 U.S.
319, 325 (1989). A claim fails to state a claim upon which
relief may be granted if it does not allege “enough
facts to state a claim to relief that is plausible on its
face.” Bell Atlantic Corp. v. Twombly, 550
U.S. 544, 570 (2007).
evaluating whether a pro se plaintiff has asserted sufficient
facts to state a claim, we hold ‘a pro se
complaint, however inartfully pleaded, . . . to less
stringent standards than formal pleadings drafted by
lawyers.'" Jackson v. Nixon, 747 F.3d 537,