United States District Court, E.D. Arkansas, Western Division
MARSHALL JR., UNITED STATES DISTRICT JUDGE
Motion to proceed in forma pauperis, No 25, granted. Laymance can't afford to
pay the filing fee.
Court granted Laymance's motion to reopen this case.
No 22. Now the Court must
screen Laymance's complaint, as amended. No 2 &
No 23; 28 U.S.C. §
Laymance's request to dismiss defendants Monica Cole and
Ricky Smith, No 23 at 1, is
granted. His claims against them are dismissed without
prejudice. FED. R. CIV. P. 41(a)(2).
Laymance filed this lawsuit under § 1983. It arises from
a custody dispute between Laymance, an Arkansawyer, and his
child's great-grandparents Sharon and John Van
Compernolle, who are Texans. Laymance was arrested for
allegedly interfering with the child's custody.
Felicia Hickerson, Ronnie Foster, Gary Taylor, and Matthew
Hester are all Texas citizens, too. No 2 at 1-2 & No 23 at
2-3. Laymance hasn't pleaded facts supporting
personal jurisdiction here over them. They were involved only
in events in Texas. His claims against them will therefore be
dismissed without prejudice. First National Bank of
Lewisville, Arkansas v. First National Bank of Clinton,
Kentucky, 258 F.3d 727, 729 (8th Cir. 2001); see
also Dossett v. First State Bank, 399 F.3d 940, 951 (8th
Sharon and John Van Compernolle are private citizens; and
Laymance's conclusory allegations that they conspired
with state actors aren't sufficient to state a claim
under § 1983 or § 1985. No 2 at 3 & No 23 at
3; Dossett, 399 F.3d at 951; Ashcroft v. Iqbal,
556 U.S. 662, 678 (2009). His federal claims against them
will therefore be dismissed without prejudice. While there
may be personal jurisdiction or preclusion defenses,
Laymance's complaint provides enough details to state
plausible claims for malicious prosecution and abuse of
process against them. McMullen v. McHughes Law Firm,
2015 Ark. 15, at 15-16, 454 S.W.3d 200, 209-10 (2015);
South Arkansas Petroleum Company v. Schiesser, 343
Ark. 492, 501-02, 36 S.W.3d 317, 323 (2001). The Court
directs the Clerk to prepare summonses for Sharon Von
Compernolle and John Von Compernolle. The United States
Marshal must serve the complaint, No 23, summons, and this Order on each of
them without prepayment of fees and costs or security.
Service is also appropriate for Laymance's unlawful
arrest and detention claims against Ricky Shourd and Paul
Hofstead, and for his due process claim against Casey Walker.
The Court therefore directs the Clerk to prepare summonses
for Shourd, Hofstead, and Walker. The United States Marshal
must serve the complaint, No
23, summons, and this Order on each of them without
prepayment of fees and costs or security. Defendants Shourd
and Hofstead should be served through the White County
Sheriffs Office, 1600 East Booth Rd. Ste. 100, Searcy,
Arkansas 72143. Defendant Walker should be served through the
Department of Human Services, 608 Rodgers Drive, Searcy,
Court refers this case to Magistrate Judge Ray for further
proceedings, including a ...