The opinion
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
NORTHERN DIVISION
EDWARD LEE BROWN PLAINTIFF
v. No. 3:19-cv-320-DPM
JERRY HENRY DEFENDANT
ORDER
1. Brown has provided particulars about his claims against the
sole remaining defendant, Jerry Henry. The Court must screen his
allegations. 28 U.S.C. § 1915(e)(2). Henry was an officer with the
Osceola Police Department. Doc. 7. Henry approached Brown in July
2007 outside a grocery store, explaining that another officer needed to
talk with Brown about his son. Henry did not cuff Brown, Mirandize
him, or arrest him. Doc. 2-1 at 27; Doc. 5 at 3. Henry drove Brown to
the police station, where he was later charged with two counts of
third-degree domestic battering of two children. Doc. 2 at 27 & 63.
2. Brown contends he was illegally seized. Doc. 5 at 3.
Assuming an unconstitutional seizure occurred in 2007, Brown has
waited too long to raise that claim in this 2019 case. Federal law
borrows Arkansas’s three-year statute of limitations, ARK. CODE ANN.
§ 16-56-105, for this kind of claim under 28 U.S.C. § 1983. Wilson v.
Garcia, 471 U.S. 261, 280 (1985).
Any individual capacity claim against Henry about the alleged
2007 seizure fails as time-barred; and any official capacity claim about
it against Osceola through Henry does, too. 28 U.S.C. § 1915(e)(2)(B) (ii).
Brown’s claims against Henry will therefore be dismissed with
prejudice. An in forma pauperis appeal from this Order and
accompanying Judgment would not be taken in good faith. 28 U.S.C. §
1915(a)(3).
So Ordered.
D.P. Marshall Ww
United States District Judge
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