Opinion

Glenn v. Wilkins

Court
District Court, W.D. Arkansas
Filed
Feb 19, 2019
Cited by
0 cases
Authority
More cited than 17.2%

“A judge will not be deprived of immunity because the action he took was in error, was done maliciously, or was in excess of his authority; rather, he will be subject to liability only when he has acted in the clear absence of all jurisdiction.”

How later courts described this case

  • “A judge will not be deprived of immunity because the action he took was in error, was done maliciously, or was in excess of his authority; rather, he will be subject to liability only when he has acted in the clear absence of all jurisdiction.”
  • judges are generally immune from suit for money damages
  • “Judges performing judicial functions enjoy absolute immunity from § 1983 liability.”
  • habeas corpus is the sole federal remedy for prisoners attacking the validity of their conviction or confinement

Written by the judges who cited it.

The opinion

IN THE UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF ARKANSAS

TEXARKANA DIVISION

RANDY GLENN PLAINTIFF

v. Civil No. 4:19-cv-04001

LISA MILLS WILKIN, Revocation

Hearing Judge; STATE OF ARKANSAS;

JASON TAGGART, Parole Officer; and

TOMEKIA WILLIAMSON, Parole

Officer’s Supervisor DEFENDANTS

ORDER

This is a civil rights action filed by Plaintiff Randy Glenn pursuant to 42. U.S.C. § 1983.

Plaintiff proceeds pro se and in forma pauperis. The case is before the Court for preservice

screening under the provisions of the Prison Litigation Reform Act (“PLRA”). Pursuant to 28

U.S.C. § 1915A, the Court has the obligation to screen any complaint in which a prisoner seeks

redress from a governmental entity or officer or employee of a governmental entity.

BACKGROUND

Plaintiff filed his Complaint on January 9, 2019. (ECF No. 1). His application to proceed

in forma pauperis was granted the same day. (ECF No. 3). Plaintiff is currently incarcerated in

the Arkansas Department of Correction—North Central Unit and is serving a sentence as a result

of a judgment of conviction. (ECF No. 1, p. 2).

Plaintiff has named the following Defendants in this lawsuit: the State of Arkansas; Lisa

Mills Wilkins—Parole Revocation Hearing Judge; Jason Taggart—Plaintiff’s parole officer; and

Tomekia Williamson, the parole officer’s supervisor. Plaintiff claims that Defendants denied him

due process and equal protection when they “filed a revocation report, and had a hearing on some

charges that I had not been convicted off, sent me to prison.” (ECF No. 1, p. 4). He also states,

“on are about, July 11, 2017 a warrant was issued for retaking my parole. I served 90 days then on

August 16, 2017, charges was filed on me, on 11-16-18 over a year later I was convicted of 6 year

double jeopardy.” Id. at p. 5. Plaintiff is suing Defendants in both their individual and official

capacities. He is seeking compensatory and punitive damages. Id. at p. 7.

APPLICABLE LAW

Under the PLRA, the Court is obligated to screen the case prior to service of process being

issued. The Court must dismiss a complaint, or any portion of it, if it contains claims that: (1) are

frivolous, malicious, or fail to state a claim upon which relief may be granted; or, (2) seeks

monetary relief from a defendant who is immune from such relief. 28 U.S.C. § 1915A(b).

A claim is frivolous if “it lacks an arguable basis either in law or fact.” Neitzke v. Williams,

490 U.S. 319, 325 (1989). A claim fails to state a claim upon which relief may be granted if it

does not allege “enough facts to state a claim to relief that is plausible on its face.” Bell Atlantic

Corp. v. Twombly, 550 U.S. 544, 570 (2007). “In evaluating whether a pro se plaintiff has asserted

sufficient facts to state a claim, we hold ‘a pro se complaint, however inartfully pleaded . . . to less

stringent standards than formal pleadings drafted by lawyers.’” Jackson v. Nixon, 747 F.3d 537,

541 (8th Cir. 2014) (quoting Erickson v. Pardus, 551 U.S. 89, 94 (2007)). However, a pro se

plaintiff must allege specific facts sufficient to support a claim. Martin v. Sargent, 780 F.2d 1334,

1337 (8th Cir. 1985).

DISCUSSION

1. Claims Against the State of Arkansas

Plaintiff names the State of Arkansas as a Defendant. However, states and state agencies

are not “persons” subject to suit under section 1983. Will v. Mich. Dep’t of State Police, 491 U.S.

58, 64 & 70 (1989). Further, the State of Arkansas is immune from suit. “The sovereign immunity

of the States recognized in the Eleventh Amendment bars any suit brought in federal court against

a state or state agency, regardless of the nature of the relief sought, unless Congress has abrogated

the States’ immunity or a state has consented to suit or waived its immunity.” Rush v. Perryman,

2007 WL 2091745, at *3 (E.D. Ark. July 17, 2007) (citing Seminole Tribe v. Florida, 517 U.S. 44,

74 (1996)). Arkansas and its agencies and officials have not consented to suit in federal court. See

Burk v. Beene, 948 F.2d 489, 492-93 (8th Cir. 1991). Also, Congress did not abrogate the States’

sovereign immunity when it enacted 42 U.S.C. § 1983. Id. Accordingly, the State of Arkansas is

entitled to sovereign immunity and is immune from suit in this Court. Because Arkansas is

immune from suit and is not a “person” subject to suit under section 1983, the Court finds that all

claims against the State of Arkansas should be dismissed.

2. Claims against Defendant Wilkins

Defendant Wilkins is an administrative law judge who presided over Plaintiff’s parole

revocation proceedings. Judges are generally immune from lawsuits. See Mireles v. Waco, 502

U.S. 9, 11 (1991) (“[J]udicial immunity is an immunity from suit, not just from ultimate assessment

of damages.”); Duty v. City of Springdale, 42 F.3d 460, 462 (8th Cir. 1994) (judges are generally

immune from suit for money damages); Robinson v. Freeze, 15 F.3d 107, 108 (8th Cir. 1994)

(“Judges performing judicial functions enjoy absolute immunity from § 1983 liability.”). Judicial

immunity is only overcome in two situations: (1) if the challenged act is non-judicial; and (2) if

the action, although judicial in nature, was taken in the complete absence of all jurisdiction.

Mireles, 502 U.S. at 11; see also Stump v. Sparkman, 435 U.S. 349, 356-57 (1978) (“A judge will

not be deprived of immunity because the action he took was in error, was done maliciously, or was

in excess of his authority; rather, he will be subject to liability only when he has acted in the clear

absence of all jurisdiction.”) (internal citations omitted).

Plaintiff has failed to allege any action by Judge Wilkins that was non-judicial or taken

without jurisdiction. Accordingly, Defendant Wilkins is immune from suit.

3. Claims against Defendants Taggart and Williamson

Defendants Taggert and Williamson are also immune from suit. Parole board officials,

like judges, are entitled to absolute immunity from suit for damages when they serve a quasi-

adjudicative function in deciding whether to grant, deny or revoke parole. See Anton v. Getty, 78

F.3d 393, 396 (8th Cir. 1996); Littles v. Board of Pardons & Paroles Div., 68 F.3d 122, 123 (5th

Cir. 1996) (per curiam).

In addition, it is well settled that inmates do not have a constitutionally protected liberty

interest in the possibility of parole or probation as required for a due process claim. Hamilton v.

Brownlee, 237 F. Appx. 114 (8th Cir. 2007). In Hamilton, the court held that “Arkansas parole

statutes do not create a protectable liberty interest in discretionary parole decisions.” Id. at 115.

Absent a protectable liberty interest, due process protections are not implicated. Senty-Haugen v.

Goodno, 462 F.3d 876, 886 (8th Cir. 2006) (first question in procedural due process claim is

whether plaintiff has been deprived of protected liberty or property interest). Without a protectable

liberty interest there is no due process claim. Id. at 886. Thus, the Court finds that all claims

against Defendants Taggert and Williamson should be dismissed.

4. Heck v. Humphrey

Even if Plaintiff’s Complaint could somehow be construed to create a viable liberty

interest, his claims are clearly an attack on the parole revocation proceedings themselves and his

subsequent conviction. Plaintiff is barred from bringing such claims until his convictions are

invalidated by the highest state court or in a federal habeas proceeding.1 Heck v. Humphrey, 512

U.S. 477, 486-87 (1994). Plaintiff may not use the civil rights statutes as a substitute for habeas

corpus relief. In other words, he cannot seek relief pursuant to § 1983 relating to the revocation

hearing and his subsequent confinement. See e.g., Edwards v. Balisok, 520 U.S. 641, 648 (1997);

Preiser v. Rodriquez, 411 U.S. 475, 500 (1973) (habeas corpus is the sole federal remedy for

prisoners attacking the validity of their conviction or confinement).

Accordingly, Plaintiff’s claims regarding his confinement resulting from the parole

revocation hearing and the validity of the criminal charges fail to state cognizable claims under

section 1983.

CONCLUSION

Plaintiff's claims against all Defendants are subject to dismissal because they are either

frivolous, fail to state claims upon which relief may be granted, or assert claims against defendants

who are immune from such relief. 28 U.S.C. § 1915(e)(2)(B). Accordingly, this case is

DISMISSED WITH PREJUDICE.

The dismissal of this case constitutes a strike pursuant to 28 U.S.C. § 1915(g). The

Clerk is DIRECTED to place a § 1915 strike flag on the case.

IT IS SO ORDERED, this 19th day of February, 2019.

/s/ Susan O. Hickey

Susan O. Hickey

United States District Judge

1 Included in Plaintiff’s Complaint are copies of a warrant for his arrest for violating the conditions of his parole and

a waiver of revocation hearing (both dated July 11, 2017), a criminal information sheet dated August 16, 2017, and a

sentencing order dated November 16, 2018. (ECF No. 1, pp. 8-16).

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.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.