Evans v. Helena-West Helena Arkansas, City of

Filing 17

ORDER granting 3 11 Motions to Dismiss. Signed by Judge Billy Roy Wilson on 03/02/2017. (rhm)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS HELENA DIVISION RAMONA EVANS VS. PLAINTIFF 2:17-CV-00009-BRW HELENA-WEST HELENA, ARKANSAS, CITY OF DEFENDANT ORDER 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 1 Doc. Nos. 15, 16. 2 Doc. No. 7. 3 Id. 4 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).

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