Owens/Mitchell et al v. Burl et al
ORDER granting 11 and 14 Motions to Dismiss. Signed by Judge D. P. Marshall Jr. on 5/7/2014. (jak)
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
GLORIA D. OWENS/MITCHELL;
and THEODIS VINCENT
DANNY BURL, Warden; WILLIAM IVORY,
Sergeant; H. WILLIAMS, Sergeant; ERIC PHARR;
T. MCDOWELL; STEPHANIE HARRIS; BARNES,
Captain; WILLIAMS, Major; and STATE
Most of the Defendants move to dismiss, arguing that all Plaintiffs'
claims arising from Theodis Vincent's death are now time-barred. Plaintiffs
have not responded to the motion, but allege in the complaint that Vincent
died in ADC custody in April2008. NQ 1 at 3. The complaint includes, on a
liberal reading, § 1983 claims for wrongful death, survival, and personal
injury to Vincent.
The claims are made in constitutional
terms- deliberate indifference, excessive force, and failure to train and
supervise. NQ 1 at 3-4. However the claims are labeled, Arkansas law
provides the limitation period. Montin v. Estate of Johnson, 636 F.3d 409, 413
(8th Cir. 2011).
Plaintiffs' survival, wrongful death, and personal injury claims against
these non-medical Defendants must be brought within three years after
accrual. ARK. CODE ANN. § 16-62-101; ARK. CODE ANN. § 16-62-102(c)(1);
ARK. CODE ANN.§ 16-56-105(3); see also Williams v. Bradshaw, 459 F.3d 846,847
(8th Cir. 2006)(Morris S. Arnold, J.). The limitations period ran in April2011,
three years after Vincent's death. This complaint was filed in February 2014.
All these claims therefore fail as a matter of law: they're time-barred. The
non-moving Defendants are entitled to this common defense. All claims are
untimely against all Defendants.
* * *
Motions to dismiss, NQ 11 & 14, granted.
D.P. Marshall Jr.
United States District Judge
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