Erwin v. Paragould Arkansas, City of et al

Filing 12

ORDER granting as modified 10 Motion to reconsider. The Court reopens this case and vacates its 10 Judgment. The settlement with Paragould remains in force, as does the Court's dismissal without prejudice of Trooper McGraw. The official cap acity claims against Greene County Sheriff's Department are dismissed without prejudice. Erwin's complaint alleges unreasonable search and seizure. The Court construes these allegations as an individual-capacity claim against the unnamed d eputy sheriff who will be John Doe 4 for now. The Court directs the Clerk to update the docket. Erwin must provide a complete name and address for service as soon as he can, and no later than 7/27/2018. Signed by Judge D. P. Marshall Jr. on 7/10/2018. (jak)

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

v.

PLAINTIFF
No. 3:18-cv-73-DPM

GREENE COUNTY, ARKANSAS;
and JOHN DOE 4, Deputy, Greene
County Sheriff's Department

DEFENDANTS

ORDER
1.

Erwin's timely motion to reconsider, NQ 11, is granted as

modified.
2.

This case is solely about the 20 March 2018 traffic stop, not

what may have happened at the Greene County jail in February 2018.
Erwin noted that an unidentified Greene County deputy sheriff made
the stop. NQ 1at8. But the Court thought Erwin's claims were focused
on the Paragould officers involved and a state trooper. NQ 4. Erwin
didn't clarify things when the Court screened his complaint and
requested names and addresses for service. NQ 6. Erwin settled with
Paragould and its officers. NQ 7 & NQ 9. Trooper McGraw was never
served because Erwin didn't provide McGraw's address. The Court
entered Judgment accordingly. NQ 10. Erwin now says the Greene
County folks were the main wrongdoers.

3.

The Court reopens this case and vacates its Judgment, NQ 10.

The settlement with Paragould remains in force, as does the Court's
dismissal without prejudice of Trooper McGraw.
4.

Erwin's allegations are pleaded against the Greene County

Sheriff's Department, but that's not a separate entity subject to suit.

Ketchum v. City ofWest Memphis, Arkansas, 974 F.2d 81, 82 (8th Cir. 1992).
For that reason, the Court construes any official-capacity claims against
the Department as claims against the County.

These claims are

dismissed without prejudice, though, because Erwin hasn't alleged an
unconstitutional custom or policy.
5.

Erwin's complaint alleges unreasonable search and seizure.

The Court construes these allegations as an individual-capacity claim
against the unnamed deputy sheriff. He or she will be John Doe 4 for
now. The Court directs the Clerk to update the docket. Erwin must
provide a complete name and address for service as soon as he can, and
no later than 27 July 2018. If he doesn't, then the Court will dismiss his
claim against the deputy sheriff without prejudice.
So Ordered.
D .P. Marshall Jr.
United States District Judge
/0

-2-

8-v!+

';A0/8