United States District Court, W.D. Arkansas, El Dorado Division
MEMORANDUM OPINION AND ORDER
O. Hickey, United States District Court.
a civil rights case filed by the Plaintiff, Darrell Dewayne
Miles, under the provisions of 42 U.S.C. § 1983.
Plaintiff proceeds pro se and in forma
pauperis (IFP). He is not currently
statute, 28 U.S.C. § 1915, requires the Court to screen
complaints for dismissal under' 1915(e)(2)(B). The Court
must dismiss a complaint, or any portion of it, if it
contains claims that: (a) are frivolous or malicious; (b)
fail to state a claim upon which relief may be granted; or,
(c) seek monetary relief from a defendant who is immune from
such relief. 28 U.S.C. § 1915(e)(2)(B).
to the allegations in the Complaint (ECF No. 1) and Addendum
(ECF No. 5), on January 27, 2015, Sergeant Harwell, of the El
Dorado Police Department, interviewed Melissa Booker, who
lived at 1401 West Block Street in El Dorado, Arkansas.
Booker reported that on January 21, 2015, a black male was
standing at the corner of East Cedar Street and Reed Street
watching her closely. Booker reported feeling like she was
being stalked. On January 22, 2015, Booker indicated she saw
the same black male standing in her neighbor's front
yard. Booker stated she was afraid to get out of her vehicle
until the black male started to walk away. He walked to the
intersection of West Cedar Street and Reed Street and stopped
and started staring again. Booker got out of her vehicle and
went into her house. She then observed the black male walk
past her vehicle and into a wooded area at the end of the
time later, Booker was inside the house with a friend, Brandi
Walthall, when she realized she had left her phone charger in
her car. Booker asked Walthall to watch out the window while
she went to her car to get the charger. When she was at her
car getting her charger out of the back seat, she saw the
same black male emerge from the woods and begin walking
toward her at a brisk pace. Booker got into the back seat,
shut the door, and locked it. Booker reported that the black
male stopped at the rear of her vehicle, removed his penis
from his pants, and began to masturbate. Booker got out of
her car and ran into the house and dialed 911. Walthall was
watching the black male through the window and saw him begin
to walk away. He stopped at the intersection of West Cedar
Street and Reed Street but then turned around and began
walking toward the side door of Booker's house. The black
male began knocking on her side door but eventually left the
area. Booker described the black male as being medium
complexion, approximately 5'10” tall, weighing
approximately 230 pounds,  having a close shaven beard and
mustache, and wearing sagging shorts and a hooded sweatshirt
with the hood covering his head.
January 23, 2015, at approximately 12:30 a.m., Booker's
dogs and her neighbor's dogs began barking. Booker called
911 because she feared someone was watching her house from
the nearby wooded area. She asked that an officer drive
through the area shining a spotlight.
January 28, 2015, at 1:43 p.m., officers were called to the
1400 block of West Block Street regarding a black male
running through the woods after being seen standing in the
wooded area watching Booker and her step-daughter who were
talking beside a vehicle. While in the area, officers saw
Plaintiff, who they believed met the physical description
given by Booker, and who was standing on the front porch of
an apartment located at the intersection of West Cedar Street
and Holloway Street (1300 West Cedar Street). Plaintiff
alleges he was required to stand in the yard bare footed with
the police officers, including Sergeant Harwell, while Booker
was driven by in a vehicle with dark tinted windows by
Sergeant Chris Lutman. When Booker saw Plaintiff, she began
crying and having difficulty breathing. She advised Sergeant
Lutman that Plaintiff was the man who had been stalking her
and had masturbated in front of her car.
was asked to come to the police station and speak to
investigators about the incident. Plaintiff stated he wanted
to contact his attorney. Plaintiff was told that after he
talked to his attorney, if he wanted to speak with the
investigators he should do so at 9:00 a.m. on January 29,
2015. Booker was asked to come in at 8:00 a.m. on January 29,
2015, to look at some photos and provide a recorded
statement. Booker was also asked to bring Walthall with her
to do the same.
January 29, 2015, both Booker and Walthall identified
Plaintiff as the black male involved in the incidents. As a
result, Plaintiff was charged with stalking and indecent
exposure. (ECF No. 1 at 60). Plaintiff denies that he has
ever engaged in socially aberrant behavior.
was arrested at his home on January 30, 2015. He remained
incarcerated in the Union County Criminal Justice Center
(UCCJC) until he was able to post bail on March 12, 2015.
(ECF No. 1 at 50). Plaintiff contends he was falsely
imprisoned and unlawfully detained.
contends Sergeant Harwell allowed the "drive by"
identification which was improper in Plaintiff's opinion
because he was the only person involved. Plaintiff maintains
Booker's and Walthall's falsehoods and the
"unprofessional, " "unfair, " and
"unjust" investigation done by Sergeant Harwell
caused him to lose his home, car, employment, and his
family-a wife and three small boys. (ECF No. 1 at 5-6).
Plaintiff also maintains Sergeant Harwell violated his
constitutional rights by not reciting his Miranda
rights, by committing perjury, and by informing him that
Booker was going to get a gun and that if Plaintiff did not
quit committing deviant acts the community would take action.
(ECF No. 5 at 5).
alleges these falsehoods were printed in the El Dorado
News Times resulting in the entire community turning
against him. Plaintiff has attached a copy of the published
police log from the newspaper in which the following is
stated: "Darrell D. Miles, 37, of 1300 W. Cedar, was
arrested Friday on a warrant for second-degree stalking and
indecent exposure." (ECF No. 1 at 89).
alleges this was "a crime of hate which targeted the
African American race." (ECF No. 1 at 6). Plaintiff
maintains Booker manipulated Sergeant Harwell and the El
Dorado Police Department. Plaintiff asserts that Booker's
actions were the result of a delusional mind "which
specifically target[ed] a voting, tax pay[ing] working man
[and his] family." (ECF No. 1 at 7). Plaintiff maintains
the actual guilty party has never even been identified.
to Plaintiff, both Booker and Walthall later retracted their
statements identifying him. (ECF No. 5 at 2). As a result of
the retraction, the criminal charges were dismissed. (ECF No.
5 at 2). Plaintiff asserts he was never allowed to
face his accusers and would not recognize them.
while he was incarcerated at the UCCJC, Plaintiff alleges he
was badly mistreated and placed on twenty-three hour lock
down immediately following his booking. Plaintiff alleges
that Sheriff Roberts allowed jail personnel to mistreat him
by denying him medical treatment and giving him
"mustard" for what he thinks was a mild heart