Wade v. Hobbs

Filing 11

ORDER finding that Petitioner Otis A. Wade's claim for monetary relief for false imprisonment does not arise under the U. S. Constitution or a federal statute, & that he has not stated a claim for relief under 42 U.S.C. Section 1983. Signed by Judge Brian S. Miller on 4/18/2012. (jct)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF ARKANSAS
JONESBORO DIVISION
OTIS A. WADE, ADC #146863
v.

PETITIONER

CASE NO. 3:12CV00052 BSM/JTK

RAY HOBBS, Director,
Arkansas Department of Correction

RESPONDENT
ORDER

On February 16, 2012, petitioner Otis A. Wade filed a pro se complaint pursuant to
42 U.S.C. § 1983 and a motion to proceed in forma pauperis. [Doc. Nos. 1, 2]. The clerk’s
office docketed the complaint as a habeas petition, and Wade was directed to clarify whether
he intended to file a habeas petition. [Doc. No. 3]. Wade has since advised that it is his desire
to file a section 1983 action. [Doc. No. 10], and therefore, this habeas action is dismissed
without prejudice.
Wade pleaded guilty to simultaneous possession of drugs and a firearm, a Class Y
felony, and on November 25, 2008, the Crittenden County Circuit Court placed him on
probation for sixty months. Wade v. State, 2011 Ark. App. 32, at 2 (2011). On March 20,
2009, the state filed a revocation motion, and following a hearing, Wade’s probation was
revoked and he was sentenced to 300 months imprisonment in the Arkansas Department of
Correction (ADC). Id.
During Wade’s appeal of that sentence, defense counsel filed an Anders brief pursuant
to Anders v. California, 386 U.S. 738 (1987), and the Arkansas Court of Appeals denied
counsel’s motion to be relieved and ordered briefing. Id. at 1. On June 29, 2011, the Arkansas

Court of Appeals reversed and remanded the case to the trial court, holding that Wade
received an illegal sentence when he received probation for a Class Y felony and that the
subsequent revocation of probation was also in error. Having found both sentences void, the
Arkansas Court of Appeals directed the trial court to resentence Wade within the range
authorized by statute. Wade v. State, 2011 Ark. App. 464. Wade was resentenced on January
9, 2012, and he received 120 months imprisonment. His initial receipt into the ADC was
January 19, 2012, and according to information on the ADC’s website, Wade is eligible for
release on July 10, 2013.
Wade asserts that he was illegally sentenced and has been falsely imprisoned since
August 4, 2009. He requests monetary relief for his false imprisonment, emotional stress,
pain and suffering and loss of wages. The Eighth Circuit has held that “false imprisonment
is a state law tort claim. It is not coextensive with the Fourteenth Amendment, which protects
only against deprivations of liberty accomplished without due process of law.” King v.
Beavers, 148 F.3d 1031, 1034 (8th Cir. 1998), cert. denied, 525 U.S. 1002 (1998) (internal
quotation marks omitted). Because Wade’s claim for monetary relief for false imprisonment
does not arise under the United States Constitution or a federal statute, he has not stated a
claim for relief under 42 U.S.C. § 1983.
IT IS SO ORDERED this 18th day of April 2012.

________________________________
UNITED STATES DISTRICT JUDGE

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