Darrough v. Gober et al

Filing 20

OPINION AND ORDER denying 10 motion for class certification. Signed by Judge J. Leon Holmes on 6/1/2018. (ljb)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION
PAUL DARROUGH, on behalf of himself
and all others similarly situated
v.

PLAINTIFF

No. 4:18CV00113 JLH

MARK GOBER, individually and in his
official capacity; and JOHN DOES 1-10

DEFENDANTS

OPINION AND ORDER
Paul Darrough brings this action against Mark Gober, individually and in his official capacity
as Sheriff of Drew County, Arkansas. Darrough alleges that he was arrested without probable cause,
beaten, and denied a prompt first appearance. He asserts claims for excessive force and violation
of his rights to due process. He also seeks to represent a class of persons who, within three years
prior to the commencement of this action, were denied a first appearance by Gober and who have
been incarcerated in the Drew County jail. He has now filed a motion for class certification.
Federal Rule of Civil Procedure 23(a) provides that a person may sue on behalf of a class if
the class is so numerous that joinder of all members is impracticable, there are questions of law or
fact common to the class, the claims or defenses of the representative parties are typical of the
claims or defenses of the class, and the representative parties will fairly and adequately protect the
interests of the class.
In response to the motion for class certification, Gober has submitted the uncontested
affidavit of Susan Potts, along with records of Darrough’s arrest and first appearance. Pursuant to
a bench warrant, Darrough was arrested on May 10, 2017, at 12:30 p.m. He appeared before a judge
for his first appearance on May 12, 2017. Thus, he was provided a timely first appearance. Cf.
Hayes v. Faulkner County, Ark., 388 F.3d 669 (8th Cir. 2004), and Ark. R. Crim. P. 8.1.

Based upon the facts in the Potts’ affidavit, Darrough is not a member of the class that he
seeks to represent and his claims are, therefore, not typical of the class. In Re Milk Products
Litigation, 195 F.3d 430, 436 (8th Cir. 1998). Nor can he adequately represent the class. Id. The
motion for class certification is therefore DENIED. Document #10.
IT IS SO ORDERED this 1st day of June, 2018.

J. LEON HOLMES
UNITED STATES DISTRICT JUDGE

2