Opinion

Hamilton v. Rutledge

Court
District Court, E.D. Arkansas
Filed
Jan 11, 2023
Cited by
0 cases
Authority
More cited than 17.1%

“When a case has been rendered moot, a prevailing party is a party who managed to obtain a favorable, material alteration in the legal relationship between the parties prior to the intervening act of mootness.” (internal quotation marks and citation omitted)

How later courts described this case

  • “When a case has been rendered moot, a prevailing party is a party who managed to obtain a favorable, material alteration in the legal relationship between the parties prior to the intervening act of mootness.” (internal quotation marks and citation omitted)

Written by the judges who cited it.

The opinion

IN THE UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF ARKANSAS

CENTRAL DIVISION

RONALD J. HAMILTON PLAINTIFF

ADC # 133523

v. Case No. 4:21-CV-00404-LPR

SOLOMON GRAVES, in his official capacity as

Secretary of the Department of Corrections; and

DEXTER PAYNE, in his official capacity as

Director of the Arkansas Division of Correction DEFENDANTS

ORDER

Plaintiff Ronald Hamilton instituted this action pro se on May 13, 2021.1 Mr. Hamilton

was one of many Arkansas state inmates who filed lawsuits challenging Arkansas Act 1110 of

2021. On August 23, 2021, the Court consolidated all of the Act 1110 cases and chose three cases

as representative test cases.2 On December 1, 2021, the Court administratively stayed “[a]ll other

cases (and motions pending in those other cases) . . . .”3 Mr. Hamilton’s case was not one of the

three test cases. So his case was stayed.

On March 16, 2022, the Court entered a final Order and Judgment in the three test cases.4

That same day, the Court ordered the administrative termination of all the other cases (including

Mr. Hamilton’s case) that had been stayed pending the outcome of the three test cases.5 The Court

did this because its final Order and Judgment in the three test cases “likely address[ed] or moot[ed]

1 Compl. (Doc. 2).

2 Order (Doc. 11) at 5–6.

3 Hayes v. Rutledge, 4:21-cv-00347 (Doc. 254) [hereinafter Hayes Master Docket]. The three test cases were Hayes,

Lamar v. Hutchinson, 4:21-cv-00529, and Holloway v. Ark. Gen. Assembly, 4:21-cv-00495.

4 Hayes Master Docket (Docs. 422 & 423).

5 Order (Doc. 12).

most of the other cases . . . .”6 The Court acknowledged, however, that plaintiffs in the

administratively terminated cases may “believe[] there is still a live claim (related to Act 1110 or

otherwise) to adjudicate.”7 The Court therefore “allow[ed] each plaintiff in the various

administratively terminated cases to move to re-open their case . . . .”8

On April 18, 2022, Mr. Hamilton filed a Motion to Reopen Case.9 Mr. Hamilton contended

that, because the Court did not rule on each case individually, the plaintiffs in the stayed cases

“should have their filing fees returned to them.”10 While Mr. Hamilton used the word “returned,”

it was clear from the context that Mr. Hamilton was primarily seeking costs from Defendant.11

Specifically, Mr. Hamilton requested that the Court reopen his case and decide it on the merits

consistent with the Court’s ruling in Hayes v. Rutledge.12 The Court granted the Motion in part,

reopening the case while emphasizing that Mr. Hamilton was not yet a “prevailing party” entitled

to costs because he had not succeeded in his individual case.13 Defendants then filed the Motion

to Dismiss presently pending before the Court.14 Defendants argue, among other things, that Mr.

Hamilton’s case should be dismissed because (1) it has become moot and (2) the doctrine of

sovereign immunity bars trial on any still-live controversy.15

6 Id. at 11.

7 Id.

8 Id.

9 Pl.’s Mot. to Reopen (Doc. 13).

10 Id. at 2.

11 Id. at 1–2 (“[W]hen a plaintiff prevails . . . he is awarded his filing fees.”) (first citing Shabazz v. Norris, No. 5:03-

cv-00401, 2007 WL 2819517 (E.D. Ark. Sept. 26, 2007), then citing Hester v. Norris, No. 2:08-cv-00123, 2009 WL

1286851 (E.D. Ark. May 8, 2009)).

12 Id. at 2.

13 Order (Doc. 15) at 3.

14 Defs.’ Mot. to Dismiss (Doc. 19).

15 Br. in Supp. of Defs.’ Mot. to Dismiss (Doc. 20) at 3–5, 17.

Boiled down to its core, the operative Complaint in the instant case alleges that Mr.

Hamilton was wrongfully prevented from receiving his COVID-stimulus payments because of

Defendants’ enforcement of Act 1110.16 In their Motion to Dismiss papers, Defendants

acknowledge that, in October of 2021, they confiscated $3,220.83 of stimulus funds from Mr.

Hamilton.17 But they go on to say that, in compliance with this Court’s rulings in the three test

cases, they paid $450 in filing fees on behalf of Mr. Hamilton and then deposited the remaining

$2,770.83 into Mr. Hamilton’s inmate account.18 Defendants’ Motion to Dismiss was filed over

four months ago and Mr. Hamilton has not responded.

In resolving the three test cases on the merits, the Court explained that the inmates’ claims

really fell into two different buckets. The first bucket covered confiscated stimulus monies used

to pay court fines, fees, costs, or restitution.19 The second bucket covered any confiscated stimulus

monies left over after the payment of such court fines, fees, costs, or restitution.20 With respect to

the first bucket, the Court resolved all the claims in favor of the Defendants.21 With respect to the

second bucket, the Court concluded that Plaintiffs had prevailed on two of their claims.22 The

Court required Defendants to return the bucket-two monies to the inmates and enjoined Defendants

from using or permanently retaining bucket-two monies in the future.23

16 Am. Compl. (Doc. 10) ¶¶ 35–37.

17 Ex. 1 (Jerry Decl.) to Defs.’ Mot. to Dismiss (Doc. 19-1) ¶ 4.

18 Id. ¶¶ 5–6. The Court is able to “consider[] matters outside the pleadings” because a motion to dismiss for mootness

is an attack on subject-matter jurisdiction. Davis v. Anthony, Inc., 886 F.3d 674, 679 (8th Cir. 2018) (citation omitted).

19 See Hayes Master Docket, (Doc. 422) at 8–11.

20 Id.

21 Id. at 8–11, 20–21.

22 Id.

23 Id. at 20–24. Under the Court’s permanent injunction in Hayes, Defendants are allowed to hold an inmate’s stimulus

monies for ninety days in order to ascertain whether that inmate owes any court fines, fees, costs, or restitution. Id. at

23.

Mr. Hamilton’s bucket-two claims are moot. Defendants have already returned those

monies to Mr. Hamilton, and the Court has already enjoined Defendants from using or permanently

retaining any such monies in the future. There’s no merits-relief Mr. Hamilton seeks with respect

to this bucket that he hasn’t already received.

Mr. Hamilton’s bucket-one claims are not entirely moot. That’s because the Defendants

have confiscated and used his $450 to pay filing fees and remain free to take similar action if there

are future COVID-stimulus payments. Still, these bucket-one claims must be dismissed. They are

barred by the doctrine of sovereign immunity. Mr. Hamilton’s lawsuit against Defendants only

named them in their official capacities, which means the lawsuit is one against the State of

Arkansas.24 The doctrine of sovereign immunity clearly applies. And, unlike in the test cases

discussed above, the Ex Parte Young exception does not apply here. That is because the money

Mr. Hamilton wants returned—the $450—has already been disbursed by Defendants.25

Accordingly, if the Court were to order its “return,” the money would necessarily have to flow

from the State of Arkansas’s treasury. And “a suit by private parties seeking to impose a liability

which must be paid from public funds in the state treasury is barred by the Eleventh

Amendment.”26

24 Calzone v. Hawley, 866 F.3d 866, 872 (8th Cir. 2017).

25 Like mootness, sovereign immunity is a question of subject-matter jurisdiction, and thus the Court may look to facts

outside the pleadings. See supra note 18; see also Riley v. United States, 486 F.3d 1030, 1031–32 (8th Cir. 2007).

26 Edelman v. Jordan, 415 U.S. 651, 663 (1974). Mr. Hamilton also seeks (1) a declaration that Act 1110 is either

preempted by federal law or void for vagueness under the Fourteenth Amendment and (2) a prospective injunction

prohibiting Defendants from confiscating future COVID-stimulus funds and using that money for payments of court

fines, fees, costs, or restitution. See Am. Compl. (Doc. 10) at 17. Although this portion of his request would fit nicely

in the Ex Parte Young exception, it suffers from other Article III problems. To be entitled to a declaratory judgment,

Mr. Hamilton must seek protection against “some future conduct, not simply to proclaim liability for a past act.”

Justice Network Inc. v. Craighead Cnty., 931 F.3d 753, 764 (8th Cir. 2019) (citation omitted). The same is true for a

prospective injunction: Mr. Hamilton’s “standing to seek the injunction requested depend[s] on whether he [is] likely

to suffer future injury from” Defendants’ enforcement of Act 1110. City of Los Angeles v. Lyons, 461 U.S. 95, 105

(1983). Mr. Hamilton’s operative Complaint does not plausibly allege that he will suffer any more COVID-stimulus

confiscations in the future. His operative Complaint specifically names the three COVID-stimulus statutes (providing

stimulus payments) that have already been passed and implemented, and the confiscations of those payments have

For the foregoing reasons, the Court GRANTS Defendants’ Motion to Dismiss.’

IT IS SO ORDERED this 11th day of January 2023.

LEE P. RUDOFSKY

UNITED STATES DISTRICT JUDGE

already occurred. Furthermore, Mr. Hamilton’s operative Complaint does not allege that there will be more COVID-

stimulus statutes in the future. Nor are there any facts i evidence or otherwise judicially noticeable that would

indicate there will be more COVID-stimulus statutes in the future. Accordingly, this Court is without jurisdiction to

enter the declaratory judgment or prospective injunction sought by Mr. Hamilton.

27 The Court understands that Mr. Hamilton considers himself a “prevailing party” entitled to receive costs, such as

his federal filing fee, from Defendants. See Fed. R. Civ. P. 54(d)(1). It’s not entirely clear whether Mr. Hamilton

qualifies as a “prevailing party” in the case at bar. See Libertarian Party of Ark. v. Martin, 876 F.3d 948, 952 (8th

Cir. 2017) (“When a case has been rendered moot, a prevailing party is a party who managed to obtain a favorable,

material alteration in the legal relationship between the parties prior to the intervening act of mootness.” (internal

quotation marks and citation omitted)). And it’s also unclear whether one or more immunity doctrines would preclude

taxing such costs to Defendants in this case. Mr. Hamilton is welcome to file a post-judgment motion for costs, and

the Court will consider the propriety of shifting costs after receiving the benefit of adversarial briefing.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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