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Ellington v. Flowers

United States District Court, E.D. Arkansas, Western Division

January 24, 2018

KHALAN ELLINGTON, ADC #655082 PLAINTIFF
v.
LACRETIA FLOWERS, et al. DEFENDANTS

          RECOMMENDED DISPOSITION

         I. Procedure for Filing Objections

         This Recommended Disposition (“Recommendation”) has been sent to Judge Susan Webber Wright. Any party may file written objections to this Recommendation. If objections are filed, they must be specific and must include the factual or legal basis for the objection. Objections must be received in the office of the Court Clerk within 14 days of this Recommendation.

         If no objections are filed, Judge Wright can adopt this Recommendation without independently reviewing the record. By not objecting, parties may waive any right to appeal questions of fact.

         II. Background

         Khalan Ellington is currently an Arkansas Department of Correction inmate. In this civil rights lawsuit, he complains that he was held in the Faulkner County Detention Center (“Detention Center”) for twenty-one days before being taken to court for his first appearance on state-court criminal charges.

         Defendants Flowers, Kelly, and Andrews have now moved for summary judgment on Mr. Ellington's claims against them.[1] (#38) Mr. Ellington has responded to the Defendants' motion and it is ripe for review. (#42, #43)

         III. Discussion

         A. Standard

         Summary judgment is appropriate when the evidence, viewed in the light most favorable to the nonmoving party, shows that there is no real dispute about the facts that are important to the outcome of the case. Fed.R.Civ.P. 56; Celotex Corp. v. Catrett, 477 U.S. 317, 322-23, 106 S.Ct. 2548 (1986); Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 246 (1986). As the moving parties, the Defendants bear the burden of producing admissible evidence showing that there is no real dispute. If they offer such evidence, Mr. Ellington is obligated to meet evidence with evidence to avoid summary judgment.

         B. Undisputed Factual History

         On August 22, 2016, Mr. Ellington was arrested on state drug charges and was booked into the Detention Center. (#40-1 at p.5) On August 24, 2016, he was transported to Faulkner County Circuit Court for his first appearance. (Id. at p.13) Mr. Ellington's arraignment on those charges was scheduled for September 19, 2016. (Id.) At the August 24th hearing, the Court approved the appointment of a public defender for Mr. Ellington and set a $50, 000 bond. (Id.)

         On September 2, 2016, a bench warrant was issued for Mr. Ellington for additional state charges including forgery and theft of property. (Id. at p.10) On the same day, the warrant was served on Mr. Ellington at the Detention Center. (Id.)

         On September 19, 2016, Mr. Ellington was arraigned for the first set of state criminal charges. (Id. at p.14) A pre-trial/omnibus hearing was scheduled for December 12, 2016. His bond remained at $50, 000. (Id.)

         On September 20, 2016, at 6:13 p.m., Mr. Ellington submitted a grievance complaining about his need to be arraigned on the second set of criminal ...


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