The opinion
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
CENTRAL DIVISION
NEIL CLEM PLAINTIFF
REG. #25946-009
Vv. No. 4:22-cv-195-DPM
ANTHONY COUNTS and
HOLDEN LESTER DEFENDANTS
ORDER
Officers Counts and Lester have moved for summary judgment,
asserting qualified immunity. Clem hasn’t responded. The material
facts stated by Counts and Lester, Doc. 39 & 44, are therefore deemed
admitted. LOCAL RULE 56.1(c). The Court has otherwise taken the
record in the light most favorable to Clem. Oglesby v. Lesan,
929 F.3d 526, 531-32 (8th Cir. 2019).
Based on the undisputed facts of record, officers Counts and
Lester had probable cause to stop Clem’s vehicle. Johnson v. Crooks,
326 F.3d 995, 998 (8th Cir. 2003). They didn’t violate his constitutional
rights when they searched him, because he was a probationer subject
to a search waiver. Samson v. California, 547 U.S. 843, 857 (2006). And
they had probable cause to arrest him after field-testing the dark, sticky,
vinegar-smelling substance they found on him. New v. Denver,
787 F.3d 895, 899 (8th Cir. 2015). Even though the result of the field test
was mistaken, and the substance turned out not to be heroin, the legal
analysis on probable cause in the moment remains the same. Clem’s
Fourth Amendment claims therefore fail as a matter of law. Ibid. And
his Fifth Amendment due process claims fail because neither Counts
nor Lester were federal officials. Barnes v. City of Omaha, 574 F.3d 1003,
1005 n.2 (8th Cir. 2009). Because the officers didn’t violate Clem’s
clearly established constitutional rights, they’re entitled to qualified
immunity. New, 787 F.3d at 899.
In the absence of any federal question, the Court declines to
exercise supplemental jurisdiction over Clem’s state law claims.
28 U.S.C. § 1367(c); McManemy v. Tierney, 970 F.3d 1034, 1040-41
(8th Cir. 2020).
Motions for summary judgment, Doc. 37 & 42, granted as
specified and denied without prejudice on the state law claims.
Judgment will issue.
So Ordered.
_ endl
D.P. Marshall Jr.
United States District Judge
15 Octvber roay
-2-