Rogers v. Pocahontas Arkansas, City of et al

Filing 21

ORDER: Rogers has not responded to Defendants' motion for summary judgment. The material facts, 16 , are deemed admitted Defendants' motion, 15 , is granted as conceded. The Court sees no constitutional violation during Rogers's arre st. The officers are entitled to qualified immunity for their judgment calls in the circumstances. The record doesn't create a jury question on failure to train or supervise. The Court sees no Sixth Amendment or Equal Protection violations either. Rogers's echoing claims under the Arkansas Civil Rights Act fail as a matter of law. Signed by Judge D. P. Marshall Jr. on 2/10/2015. (jak)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
JONESBORO DIVISION

BRYAN KEITH ROGERS
v.

PLAINTIFF
No. 3:13-cv-198-DPM

CITY OF POCAHONTAS, ARKANSAS;
CECIL TACKETT, Individually and in his
Official Capacity as a Chief of Police
for the Pocahontas Police Department;
TREY HARE, Individually and in his Official
Capacity as a Police Officer for Pocahontas
Police Department; BRIAN TILGHMAN,
Individually and in his Official Capacity as a
Police Officer for Pocahontas Police
Department; and DANE DILAN, Individually
and in his Official Capacity as a Police
Officer for Pocahontas Police Department

DEFENDANTS

ORDER
Rogers has not responded to Defendants' motion for summary
judgment. The Court alerted Rogers and extended his time to do so- noting
that the Court would conclude the motion was conceded if no response was
filed. NQ 20. None was. The material facts, NQ 16, are therefore deemed
admitted. LOCAL RULE 56.1(c); Libel v. Adventure Lands of America, Inc., 482
F.3d 1028, 1033 (8th Cir. 2007). Defendants' motion, NQ 15, is granted as
conceded.

The Court sees no constitutional violation during Rogers's arrest.
Graham v. Connor, 490 U.S. 386, 396-97 (1989). But even if one occurred,

Rogers hasn't shown that a municipal policy or custom was the cause. Monell
v. Department of Social Services, 436 U.S. 658,691 (1978). And the officers are

entitled to qualified immunity for their judgment calls in the circumstances.
Austell v. Sprenger, 690 F.3d 929,936 (8th Cir. 2012); see also Cole v. City of Little
Rock, 131 F.3d 721,722 (8th Cir. 1997) (recognizing sua sponte dismissal based

on qualified immunity). The record doesn't create a jury question on failure
to train or supervise. Atkinson v. City of Mountain View, Mo., 709 F.3d 1201,
1217 (8th Cir. 2013). The Court sees no Sixth Amendment or Equal Protection
violations either. Rogers's echoing claims under the Arkansas Civil Rights
Act fail as a matter of law. Hess v. Ables, 714 F.3d 1048, 1054 (8th Cir. 2013).
So Ordered.

D.P. Marshall J .
United States District Judge

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