Evans v. Helena-West Helena Arkansas, City of
ORDER granting 3 11 Motions to Dismiss. Signed by Judge Billy Roy Wilson on 03/02/2017. (rhm)
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
HELENA-WEST HELENA, ARKANSAS,
Pending are Defendant’s Motions to Dismiss (Doc. Nos. 3, 11). Plaintiff has responded
and Defendant has replied.1
Plaintiff alleges that the Phillips County District Court Clerk (the “Clerk”), did not record
a payment she made on a fine.2 Because of this failure, the District Court of Phillips County,
Arkansas (the “District Court”) issued a warrant, Plaintiff was arrested, her car was towed, and
she was held in custody until someone finally figured out that she had paid the fine.3
Although Plaintiff’s allegations are troubling – especially if, as Plaintiff alleges, it occurs
frequently – the Clerk and the District Court are state-government officials who are neither
employed by Defendant, nor amenable to suit.4 Accordingly, Defendant’s Motions (Doc. Nos. 3,
11) are GRANTED.
IT IS SO ORDERED this 2nd day of March, 2017.
/s/Billy Roy Wilson
UNITED STATES DISTRICT JUDGE
Doc. Nos. 15, 16.
Doc. No. 7.
See, e.g., Duty v. City of Springdale, Ark., 42 F.3d 460, 463 (8th Cir. 1994); McCrory v.
Johnson, 296 Ark. 231, 243, 755 S.W.2d 566, 573 (1988).
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?