United States District Court, E.D. Arkansas, Western Division
Procedure for Filing Objections:
Recommended Disposition (“Recommendation”) has
been sent to Judge J. Leon Holmes. Either party to this suit
may file written objections with the Clerk of Court within 14
days of the date of this Recommendation. Objections should be
specific and should include the factual or legal basis for
objecting, the right to appeal questions of fact may be
jeopardized. And, if no objections are filed, Judge Holmes
can adopt this Recommendation without independently reviewing
Roberts was convicted of several drug-related offenses in
Pulaski County Circuit Court in 2003. He received an
aggregate sentence of 33-years' imprisonment. (#9-2 at
5-19) He was released to parole on August 2, 2017.
(Id. at 20)
Roberts was arrested again on October 28, 2017, and charged
with aggravated assault on a family or household member,
first-degree terroristic threatening, and third- degree
domestic battering. (#9-3, #9-4) As a result of the new
charges, the Arkansas Parole Board moved to revoke Mr.
Roberts's parole. (#9-6 at 4-6) On November 8, 2017, Mr.
Roberts attended a parole revocation hearing before Hearing
Officer Lisa Wilkins. (#9-6) Prior to the hearing, Mr.
Roberts was given notice of the conditions of parole he
allegedly violated and also the date, time, and location of
the hearing. (Id. at 1)
hearing, Officer Custer, who had reported to the scene of Mr.
Roberts's arrest on October 28, 2017, testified that he
and Officer Gavin responded to a call from a female regarding
a disturbance at a residence in Little Rock. (Id. at
2) When he arrived, Mr. Roberts was outside the residence
banging on the door with a knife. (Id.) The
altercation apparently arose from Mr. Roberts's belief
that the victim had taken his keys and prescription pain
medication. (Id.) The victim told Officer Gavin that
Mr. Roberts had put a knife to her neck. (Id.)
Officer Custer testified that Officer Gavin had observed
several “choke marks” on the victim's neck.
Roberts cross-examined Officer Custer. (Id.) He also
testified on his own behalf. He stated that he had taken the
victim grocery shopping and that afterward, his “stuff
came up missing.” (Id.) He stated there was a
commotion, and he decided to leave, but could not because his
keys were missing.
Roberts also called a friend, Mr. Hagler, to testify. Mr.
Hagler stated that he lived next-door to Mr. Roberts's
mother in North Little Rock. Mr. Hagler stated that Mr.
Roberts had sent him texts between 3 p.m. and 6 p.m. on the
28th, and that the police had called him later to retrieve
Mr. Roberts's truck. He stated he did not find a key or
prescription medications in the truck. (Id.)
written hearing summary and disposition order, Hearing
Officer Wilkins found, based on the testimony and exhibits
presented, that Mr. Roberts had violated his parole. (#9-6 at
2-3, #9-7) Officer Wilkins revoked Mr. Roberts's parole
and sentenced him to the Short Term Revocation Program
(Program), which allows inmates to be released after 90 days,
contingent upon good behavior and an approved parole plan.
Under the terms of the disposition order, if Mr. Roberts
failed to comply with Program requirements, his parole would
be revoked and he would be sentenced to six months in prison.
(Id.) The Board provided Mr. Roberts with a copy of
the decision. (#9-6 at 3)
Roberts did not follow the Program's requirement to
maintain good behavior during his 90-day incarceration at the
Pulaski County Detention Facility. As a result, he was sent
to the Arkansas Department of Correction to serve a six-month
suspended revocation sentence. (#9-6 at 10)
Roberts was informed of his right to an administrative appeal
of his revocation. (Id. at 7-8) He submitted a
letter of appeal to the Arkansas Parole Board. (Id.
at 12-13, #20 at 8-9 (pages 2 and 4 of the appeal letter))
The Board, however, affirmed the decision to revoke.
(Id. at 11) Mr. Roberts did not seek judicial review
of the Board's decision in the Pulaski County Circuit
Mr. Roberts was serving his Short Term Revocation sentence at
the Pulaski County Regional Detention Facility
(“PCRDF”), he received a disciplinary for
possessing a contraband razor. (#6 at 1-3) As a result of the
disciplinary, Mr. Roberts was assigned to administrative
segregation and lost privileges for 30 days.
Mr. Roberts's Claims
amended petition, Mr. Roberts claims he was denied a police
report at the revocation hearing and, consequently, could not
prepare an effective defense. (#6 at 2) He also complains
that Hearing Officer Wilkins violated his due process rights
by failing to give him a statement of the factual evidence
she relied on in finding that he had violated his parole
conditions. (Id. at 2) Mr. Roberts further claims
that he was ...