Opinion

Porter v. Easley

Court
District Court, W.D. Arkansas
Filed
Jul 18, 2023
Cited by
0 cases
Authority
More cited than 17.2%

The opinion

IN THE UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF ARKANSAS

TEXARKANA DIVISION

JOE RUDY PORTER PLAINTIFF

v. Civil No. 4:23-cv-04049

CODY BELLAMY;

DETECTIVE DAKOTA EASLEY;

LIEUTENANT ED CHATTAWAY DEFENDANTS

ORDER

Before the Court is the Report and Recommendation filed June 1, 2023, by the Honorable

Mark E. Ford, United States Magistrate Judge for the Western District of Arkansas. (ECF No. 10).

Plaintiff has timely filed objections to the Report and Recommendation. (ECF No. 10). The Court

finds the matter ripe for consideration.

I. BACKGROUND

On April 28, 2023, Plaintiff filed his original Complaint. (ECF No. 1). In his Complaint,

Plaintiff asserts four claims relating to his October 7, 2022 arrest at Super Valu Foods in Texarkana,

Arkansas. Plaintiff alleges that on September 7, 2022, Defendant Cody Bellamy accused him of shop

lifting. (ECF No. 1, at 4). Plaintiff claims that Defendant Detective Dakota Easley tampered with

the evidence. (ECF No. 1, at 5). Plaintiff claims that Defendant Ed Chattaway “signed an Affidavit

stating that he was the person that did the copying and making of the Electronic Surveillance Tapes,

therefore, he destroyed evidence that could have prevented [Plaintiff] from the hardships of False

Imprisonment.” (ECF No. 1, at 5). Plaintiff alleges that Easley provided false reports and never

investigated the charges against Plaintiff. (ECF No. 1, at 5). Plaintiff claims that Chattaway

doctored the Super Valu Foods’ surveillance tapes in order to justify why the date and time stamps

were incorrect. (ECF No. 1, at 5). Plaintiff claims that Easley showed total disregard for the fairness

and impartiality that his position requires and that he assisted in sending an innocent black man to

prison without affording Plaintiff the equal protections of law. (ECF No. 1, at 10). Finally, Plaintiff

alleges that Easley showed biasness when he failed to investigate the matter because the alleged

suspect was a black male in a predominantly black neighborhood. (ECF No. 1, at 10).

Plaintiff’s claims are against Defendants in their individual and official capacities. Plaintiff

brings a Fifth and Eighth Amendment unlawful tampering with evidence claim against all Defendants

in both their individual and official capacities (Claim 1). Plaintiff brings a Fourth Amendment

unlawful imprisonment claim against all Defendants in both their individual and official capacities

(Claim 2). Plaintiff brings a Fourth Amendment false report claim against all Defendants in both

their individual and official capacities (Claim 3). Plaintiff brings an Eighth and Fourteenth

Amendment Equal Protection claim against Defendants Bellamy and Easley in both their individual

and official capacities (Claim 4).

On June 1, 2023, Judge Ford issued his Report and Recommendation. (ECF No. 10). In the

Report and Recommendation, Judge Ford finds the allegations in Plaintiff’s Complaint insufficient to

support a plausible cause of action for any of the four official capacity claims. (ECF 10, at 8). Judge

Ford finds the allegations insufficient to support an Equal Protection violation of the Eighth and

Fourteenth Amendments. (ECF No. 10, at 9). Judge Ford did, however, find sufficient facts that

would allow Plaintiff’s Claim 1, Claim 2, and Claim 3, regarding the tampering of evidence and the

making of false reports, to proceed against Defendants in their individual capacities. (ECF No. 10, at

9).

On June 12, 2023, Plaintiff filed an Objection to Judge Ford’s Report and Recommendation.

(ECF No. 13). Plaintiff objects to Judge Ford’s finding that Plaintiff “failed to state an Official

Capacity claim against Defendants Dakota Easley and Lt. Ed Chattaway.” (ECF No. 13, at 1).

Plaintiff again argues that Easley acted in his official capacity when he omitted statements and

requests made by Plaintiff during interviews. (ECF No. 13, at 2). He claims that Chattaway acted

within his official capacity when he signed an affidavit acknowledging he oversaw production of

video surveillance. (ECF No. 13, at 2). Plaintiff then states that Easley and Chattaway acted in their

official capacities when they assisted with the tampering of evidence against Plaintiff. (ECF No. 13,

at 3). Plaintiff provides no specific objection to Judge Ford’s findings on the Eighth and Fourteenth

Amendment claim. (ECF No. 13, at 3).

II. STANDARD OF REVIEW

Plaintiff has timely filed an objection to Judge Ford’s Report and Recommendation. When

reviewing a magistrate judge’s Report and Recommendation, “the specific standard of review

depends, in the first instance, upon whether or not a party has objected to portions of the report and

recommendation.” Anderson v. Evangelical Lutheran Good Samaritan Soc’y, 308 F. Supp. 3d 1011,

1015 (N.D. Iowa 2018). Generally, “objections must be timely and specific” to trigger de novo

review. Thompson v. Nix, 897 F.2d 356, 358-59 (8th Cir. 1990). The Court must apply a liberal

construction when determining whether pro se objections are specific. Hudson v. Gammon, 46 F.3d

785, 786 (8th Cir. 1990). A “clearly erroneous” standard of review applies to the portions of a

magistrate judge’s report and recommendation to which no objections have been made. See Grinder

v. Gammon, 73 F.3d 793, 795 (8th Cir. 1996); see also Fed. R. Civ. P. 72 advisory committee’s note,

subd. (b) (instructing a reviewing court to “satisfy itself that there is no clear error on the face of the

record”). Giving Plaintiff’s timely objections a liberal construction, the Court finds only the official

capacity claims warrant a de novo review. The Court will review Plaintiff’s individual capacity

claims for clear error only.

III. DISCUSSION

Upon review of the case and for the reasons stated below, the Court reaches the same

conclusion as Judge Ford: Claim 1, Claim 2, and Claim 3 should proceed against Defendants in the

individual capacity only; and Claim 4 should be dismissed against Defendants in both the official and

individual capacity.

A. Official Capacity

Judge Ford finds that Plaintiff fails to state an official capacity claim on Claim 1, Claim 2,

Claim 3, and Claim 4. The Court agrees. Official capacity claims are “functionally equivalent to a

suit against the employing governmental entity.” Veatch v. Bartels Lutheran Home, 627 F.3d 1254,

1257 (8th Cir. 2010). “Claims against individuals in their official capacities are equivalent to claims

against the entity for which they work; they require proof that a policy or custom of the entity

violated the plaintiff’s rights, and the only type of immunity available is one belonging to the entity

itself.” Gorman v. Bartch, 152 F.3d 907, 914 (8th Cir. 1998) (internal citations omitted).

Accordingly, Plaintiff’s official capacity claims are treated as claims against the City of Texarkana.

See Murray v. Lene, 595 F.3d 868, 873 (8th Cir. 2010). To establish a municipal defendant’s liability

under Section 1983, a “plaintiff must show that a constitutional violation was committed pursuant to

an official custom, policy, or practice of the governmental entity.” Moyle v. Anderson, 571 F.3d 814,

817 (8th Cir. 2009) (citation omitted).

The Court agrees that Plaintiff’s Complaint does not point to a constitutional violation that

was committed by Defendants pursuant to an official custom, policy, or practice of the City of

Texarkana. In his Objection to the Report and Recommendation, Plaintiff points to actions taken by

Defendants, such as the fact Defendants went against their training, omitted statements made by

Plaintiff, and tampered with evidence. However, he fails to point to a custom, policy, or practice of

the City of Texarkana and only repeats what he said in the complaint regarding his official capacity

claims. Accordingly, Plaintiff’s official capacity claims in Claim 1, Claim 2, Claim 3, and Claim 4

fail as matter of law.

B. Individual Capacity

Plaintiff’s objections to the Equal Protection claim are not specific enough to trigger de novo

review, and a clear-error standard of review therefore applies. Judge Ford finds that Plaintiff fails to

state an individual capacity claim in Claim 4. The Court agrees. Judge Ford finds that Plaintiff fails

to provide sufficient facts in his Complaint to state a viable Eighth and Fourteenth claim against

Defendants Bellamy and Easley because he does not provide facts showing that a similarly situated

person received different treatment. Plaintiff provides no additional facts in his objection that would

challenge this finding. Being well and sufficiently advised, and finding no clear error on the face of

the record, the Court adopts this portion of Judge Ford’s Report and Recommendation in toto.

IV. CONCLUSION

For the reasons set forth above, the Court finds that Plaintiff has offered neither fact nor law

which justifies the Court departing from the Report and Recommendation. Accordingly, the Court

overrules Plaintiff’s objections and hereby ADOPTS the Report and Recommendation (ECF No.

10). Plaintiff’s Claim 1, Claim 2, Claim 3, and Claim 4 against Defendants in their official capacities

are DISMISSED WITHOUT PREJUDICE for failure to state a claim under 28 U.S.C. §

1915A(b)(1). Plaintiff’s Claim 4 against all Defendants in their individual capacities is DISMISSED

WITHOUT PREJUDICE for failure to state a claim under 28 U.S.C. § 1915(b)(1). Plaintiff’s

Claim 1, Claim 2, and Claim 3 may proceed against Defendant Bellamy, Defendant Easley, and

Defendant Chattaway in their individual capacities only.

IT IS SO ORDERED, this 18th day of July, 2023.

/s/ Susan O. Hickey

Susan O. Hickey

Chief United States District Judge

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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