# Covert v. Kelley

> District Court, E.D. Arkansas · March 7, 2023

URL: https://www.frixlaw.com/law-library/cases/10007650

## Case

- **Court:** District Court, E.D. Arkansas
- **Decided:** March 7, 2023
- **Opinion:** 100trialcourt
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/10007650

## Opinion text

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF ARKANSAS
CENTRAL DIVISION
HAROLD COVERT PLAINTIFF
ADC #151511
v. CASE NO. 4:20-CV-00202-BSM
JAMES PLUMMER, et al. DEFENDANTS
ORDER
Having reviewed the record de novo, United States Magistrate Judge J. Thomas Ray’s
recommended disposition [Doc. No. 98] is adopted in part and rejected in part. Sergeant
Hampton is dismissed without prejudice because he was never served with process.

Summary judgment is granted on Harold Covert’s official capacity claims against James
Plummer, Mary Lloyd, and Laquista Swopes because nothing in the record shows that they
acted pursuant to a government policy or custom. Summary judgment is denied on Covert’s
individual capacity claims against Plummer, Lloyd, and Swopes because there are material

factual disputes as to whether defendants’ search of Covert’s cell was an adverse action that
would chill a person of ordinary firmness from reporting drug activity, and whether the cell
search was motivated by Covert’s call to the Arkansas Crime Information Line.
Additionally, qualified immunity does not apply because, viewing the facts in the light most

favorable to Covert, his allegations that defendants retaliated against him, in violation of his
First Amendment rights, sufficiently demonstrate a constitutional violation that is clearly
established. See e.g., Santiago v. Blair, 707 F.3d 984, 991 (8th Cir. 2013).
Therefore, the claim against Hampton is dismissed without prejudice, the official
capacity claims against Plummer, Lloyd, and Swopes are dismissed with prejudice, and the
individual capacity claims against Plummer, Lloyd, and Swopes will proceed to trial.
IT IS SO ORDERED this 7th day of March, 2023.

x Wr
UNITED STATES DISTRICT JUDGE

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/10007650. Public record. Not legal advice.