The opinion
IN THE UNITED STATES DISTRICT COURT
EASTERN DIVISION OF ARKANSAS
WESTERN DIVISION
JAMES ANTHONY ATENCIO PLAINTIFF
V. 4:19CV00225 JM
LIZA BROWN DEFENDANT
ORDER
Plaintiff has filed a nonsensical Complaint against Assistant United States Attorney Liza Brown
in her official capacity. Ms. Brown is the prosecutor involved in the prosecution of Plaintiff for illegal
drugs and weapons charges in this district. The United States, on behalf of Ms. Brown, has filed a Motion
to Dismiss. Ms. Brown has been sued in her official capacity and is entitled to sovereign and absolute
immunity. Claims against federal officials in their official capacity are barred by the doctrine of sovereign
immunity, unless Congress has expressed an unequivocal waiver. Coleman v. Espy, 986 F. 2d 1184, 1191
(8th Cir. 1993). Further, it appears that Ms. Brown has been sued because of action she took during the
performance of her prosecutorial duties. It is well settled that prosecutors are immune based on their
actions taken in the performance of prosecutorial duties. Van De Kamp v. Goldstein, 555 U.S. 335, 129
S.Ct. 855, 860, 172 L. Ed. 2d 706 (2009).
For these and all of the reason stated in the Motion to Dismiss and supporting brief, the Motion
(ECF No. 4) is GRANTED and the Plaintiff’s Complaint is dismissed. The Clerk is directed to close the
case.
IT IS SO ORDERED THIS 26th day of June, 2019.
OU)