Polk v. North Little Rock, City of et al
ORDER approving and adopting the Proposed Findings and Recommended Partial Disposition; dismissing Polk's claims against the City of North Little Rock and Danny Bradley; and dismissing Polk's failure to follow procedure claim against defendant Jay Boody. Signed by Chief Judge J. Leon Holmes on 8/4/11. (hph)
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
ALLEN POLK, #1902-11
No. 4:11CV00500 JLH-JJV
CITY OF NORTH LITTLE ROCK,
ARKANSAS; et al.
The Court has reviewed the Proposed Findings and Recommended Partial Disposition
submitted by United States Magistrate Judge Joe J. Volpe and Allen Polk’s objections. After
carefully considering the objections and making a de novo review of the record, the Court concludes
that the Proposed Findings and Recommended Partial Disposition should be, and hereby are,
approved and adopted in their entirety as this Court’s findings in all respects, with the following
Allen Polk has filed a response to the findings and recommended disposition in which he
notes that he had filed a supplement to his complaint, along with a brief, which he hoped would
correct the deficiencies that were subsequently identified by Magistrate Judge Volpe with respect
to Polk’s claims against the City of North Little Rock and Danny Bradley. Magistrate Judge Volpe
has pointed out that the City of North Little Rock and Danny Bradley as a supervisor cannot be held
liable vicariously for the conduct of the employees of the City but may be held liable for failing to
train employees adequately and may be liable when they have notice that the policies and procedures
are inadequate and are likely to result in the violation of citizens’ constitutional rights. Polk alleges
that the City and Danny Bradley permitted a policy and procedure of not locking and leaving the
ignition keys in vehicles owned by the City of North Little Rock, and he contends that this policy
proximately caused his injuries. The Court does not believe that a policy of leaving vehicles
unlocked with keys in the ignition is the sort of policy that is contemplated by the law when the law
authorizes claims against municipal governments or supervisors based on deliberate indifference to
the constitutional rights of citizens. Consequently, even considering the allegations in Polk’s
supplemental complaint, the complaint still fails to state a claim for relief against the City of North
Little Rock, Arkansas, and Danny Bradley.
IT IS, THEREFORE, ORDERED that:
Polk’s claims against the City of North Little Rock and Danny Bradley are
DISMISSED for failure to state a claim upon which relief may be granted.
Polk’s failure to follow procedure claim against defendant Jay Boody is DISMISSED
for failure to state a claim upon which relief may be granted.
DATED this 4th day of August, 2011.
J. LEON HOLMES
UNITED STATES DISTRICT JUDGE
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?