Rodgers v. McDaniel et al

Filing 57

ORDER of Recusal. The Clerk must reassign this case at random by chip exchange. Signed by Judge D. P. Marshall Jr. on 4/16/2018. (jak)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
JONESBORO DIVISION
DARLENE RODGERS
v.

PLAINTIFF
No. 3:17-cv-291-DPM

TAURA McDANIEL, Attorney Ad Litem;
VAL PRICE, Court Appointed Attorney;
RALPH WILSON, JR., Judge, Second
Judicial Circuit; MIKE GIBSON, Judge;
KATHERINE DEAN, Prosecutor; GRENEDA
JOHNSON, Former DHS Attorney; JEREMY
BLAND, Attorney; BRADLEY LAW FIRM;
DESTERNIE RICHMOND-SULLIVAN,
CASA Association; CHELSEA FIFI, Counsel
at Family Inc. Counseling Services; TONYA
JONES, Case Manager/Supervisor;
SYLVIA WARE, Case Worker; OSCEOLA
POLICE DEPARTMENT; STEFANIE
SMITHEY, Principal; and TYLER
DUNEGAN, City Council

DEFENDANTS

ORDER
I've been studying the filings in this case to make a decision on
the pending motions to dismiss. I've learned that Judge Brandon J.
Harrison was part of the three-judge panel of the Arkansas Court of
Appeals that decided the case about terminating Rodgers' s parental
rights. NQ 7 at 2-5 & NQ 29 at 41-53. Rodgers has not sued Judge
Harrison. But the core of her case in this Court is that the dependency-

neglect proceedings were wrongfully handled. The Court of Appeals,
speaking through Judge Harrison, affirmed the termination of her
parental rights. And Rodgers says that the presence of the Court of
Appeals' decision on-line is one of the ways in which she has been
defamed and harmed. NQ 7at1. Judge Harrison and I have been close
friends for many years. He's on my recusal list. In these circumstances,
my impartiality in addressing Rodgers' s claims on the merits could
reasonably be questioned. 28 U.S.C. § 455(a). I therefore recuse. The
Clerk must reassign this case at random by chip exchange.
So Ordered.
D.P. Marshall Jr.
United States District Judge

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