Cullum v. Aldworth et al

Filing 13

ORDER granting 8 MOTION to Dismiss filed by Van Buren County District Court, John C Aldworth and 5 MOTION to Dismiss filed by Cleburne County District Court and DISMISSING CASE with prejudice. Signed by Judge James M. Moody on 1/3/12. (kpr)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION

HARVEY CULLUM

V.

PLAINTIFF

CASE NO. 4:11CV00831 JMM

JOHN C. ALDWORTH, ET AL.

DEFENDANTS

ORDER
Pending before the Court are Defendants’ Motion to Dismiss filed pursuant to Federal
Rule of Civil Procedure 12(b)(6) for failure to state a claim for which relief can be granted (#5
and #8 ). For the reasons stated below the motions are granted and Plaintiff’s complaint is
dismissed with prejudice. Judgment will be entered accordingly.
Plaintiff filed a complaint against John C. Aldworth in his official and individual capacity
as the District Court Judge of Clinton, Arkansas, and against the District Courts of Van Buren
and Cleburne Counties alleging that Plaintiff had been deprived of his constitutional right to a
jury trial.
The Defendants have filed motions to dismiss contending that the complaint is barred
(1) by the doctrines of sovereign, absolute judicial, and qualified immunities; (2) by the doctrines
of res judicata and collateral estoppel based upon the decision issued by United States District
Chief Judge Leon Holmes dismissing Defendant’s complaint filed in Case No. 1:10CV0070
which was substantially identical to the complaint in the present case; and (3) as a matter of law
because Defendant would have received a jury trial had he appealed his conviction in district
court to circuit court. See Ark. Code Ann. § 16-17-703.

Based upon the facts alleged by the Plaintiff, he has failed to state a claim upon which
relief can be granted because he has not been denied a jury trial. Plaintiff failed to follow the
procedure set forth in Arkansas Code Annotated § 16-17-703 which would have given him the
opportunity for a jury trial. Plaintiff’s contention that § 16-17-703 is unconstitutional is without
merit. See McClanahan v. Gibson, 296 Ark. 305, 756 S.W.2d 889 (1988) (Ark. Code Ann. § 1617-70 does not diminish the right to a trial by jury).
IT IS SO ORDERED THIS 3

day of January , 2012.

James M. Moody
United States District Judge