United States District Court, W.D. Arkansas, Texarkana Division
BASIL ABDUL RASHEED, JR. PLAINTIFF
CITY OF TEXARKANA, ARKANSAS, et al DEFENDANTS
REPORT AND RECOMMENDATION OF THE UNITED STATES
BARRY A. BRYANT, U.S. MAGISTRATE JUDGE.
this Court is the Motion to Dismiss filed herein by
Defendants City of Texarkana, Texas (“Texarkana,
Texas”) and Officer Darren Jones, incorrectly named as
James Darren Michael (“Jones” or “Officer
Jones”). ECF No. 6. Plaintiff filed several responses
to this motion. ECF No. 15, 16, 17. Pursuant to the
provisions of 28 U.S.C. § 636(b)(1) and (3) (2005), the
Honorable P. K. Holmes, III referred this motion to this
Court for the purpose of making a report and recommendation.
On January 10, 2018, a hearing was held on this Motion. All
Defendants appeared through counsel. Plaintiff, who is
proceeding pro se, also appeared. The Court, having
reviewed the parties' arguments and briefing, recommends
the Motion To Dismiss (ECF No. 6), of Texarkana, Texas, and
Jones, be GRANTED.
17, 2017, Plaintiff filed a pro se Complaint against
several parties. ECF No. 1. Plaintiff's claims relate to
a traffic stop involving his son, Demetrius Stanley. The
limited facts alleged in the Complaint state that on March
27, 2016, Defendant Jones arrested the Plaintiff's son,
Demetrius Stanley. ECF No. 1. This arrest followed a traffic
stop conducted by Co-Defendant Officer Freeman for expired
car registration. Id. Following the stop, it was
confirmed that Demetrius Stanley had an outstanding warrant
for a parole violation out of Bowie County, Texas.
Id. The traffic stop and arrest occurred at the
intersection of St. Michael Drive and State Line Avenue in
Texarkana, Texas. Id. Plaintiff's Complaint
makes no allegation he was present during the traffic stop
and arrest on March 27, 2016. Additionally, Plaintiff, at the
hearing held on January 10, 2018, acknowledged he was not
present at the time of the traffic stop and arrest of
Texarkana, Texas, and Jones filed a Motion to Dismiss under
Fed.R.Civ.P. 12(b)(1) for lack of standing, 12(b)(2) for lack
of personal jurisdiction, 12 (b)(5) for improper service,
12(b)(6) for failure to state a claim upon which relief can
be granted, qualified immunity for Officer Jones and failure
to state plausible claim for municipal liability against
Texarkana, Texas. ECF. No. 6. Plaintiff responded to this
motion with several different pleadings. ECF Nos. 15, 16, 17.
Because this court finds Plaintiff lacks standing under
Fed.R.Civ.P. 12(b)(1) to bring this suit, only this ground
will be addressed in the Report and Recommendation.
the Plaintiff is proceeding pro se, the Court has
liberally construed his complaint. However, the Plaintiff
must still allege sufficient facts to support his claims.
See Stone v. Harry, 364 F.3d 912, 914 (8th Cir.
is a necessary component of the jurisdiction of an Article
III court, which exists to resolve cases or controversies.
Broadrick v. Oklahoma, 413 U.S. 601, 93 S.Ct. 2908,
37 L.Ed.2d 830 (1973). If a Plaintiff lacks standing, the
district court has no subject matter jurisdiction.
Friedmann v. Sheldon Cmty. Sch. Dist., 995 F.2d 802,
804 (8th Cir.1993). To establish standing, the Plaintiff must
demonstrate: (1) he suffered an injury in fact which is (a)
concrete and particularized and (b) actual and imminent; (2)
a causal connection between the conduct complained of and the
alleged injury; and, (3) it must be likely, as opposed to
speculative, that the injury will be redressed by a favorable
decision. Lujan v. Defenders of Wildlife, 504 U.S.
555, 560- 561 (1992).
Plaintiff's claims relate to a traffic stop involving his
son, Demetrius Stanley. Plaintiff was not involved, nor even
present, at the time of the traffic stop. Plaintiff's
Complaint makes no allegation showing he was in any way
stopped, detained, touched, arrested or effected in any way
by the traffic stop which occurred on March 27, 2016.
Plaintiff has not pled a single contact with Texarkana, Texas
or Officer Jones related to the March 27, 2016 traffic stop.
Plaintiff's position at the hearing on this Motion was
simply that he “had the right to defend his son.”
Plaintiff has failed to allege any injury he suffered related
to the March 27, 2016 traffic stop.
this Court finds Plaintiff lacks standing to bring this
action and, consequently the Court lacks subject matter
jurisdiction to entertain Plaintiff's claims.
upon the foregoing, this Court recommends that Defendant The
City of Texarkana, Texas and Officer Darren Jones,
incorrectly named as James Darren Michael
(“Jones”), Motion To Dismiss, (ECF No. 6) be
parties have fourteen (14) days from receipt of this Report
and Recommendation in which to file written objections
pursuant to 28 U.S.C. § 636(b)(1). The failure to file
timely objections may result in waiver of the right to appeal
questions of fact. The parties are reminded that objections
must be both timely and specific to trigger d ...