Anderson v. May

Filing 30

ORDER partly granting and partly denying 23 Motion to Dismiss ; dismissing, without prejudice, Anderson's 1983 claims for violations of her First Amendment rights against Sheriff May in his official capacity; and allowing her AWBA claim against him to go forward. Any curative amended complaint due by 4/22/2024. Clarification on Johnnie Jones service due by 4/5/2024. Signed by Judge D. P. Marshall Jr. on 3/26/2024. (ldb)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
CENTRAL DIVISION
DOTTIE ANDERSON
v.

PLAINTIFF
No. 4:23-cv-747-DPM

BOBBY MAY, Individually and in
His Official Capacity as Sheriff of
St. Francis County and JOHNNIE
JONES, in her individual capacity

DEFENDANTS

ORDER
1.

Dottie Anderson worked as a jailer at the St. Francis County

Sheriff's Department. She says that she was fired in retaliation for
speaking out about detainees' conditions of confinement there.
Anderson brings a 42 U.S.C. § 1983 claim alleging violations of her First
Amendment
Constitutions.

rights

under

the

United

States

and

Arkansas

She also brings a claim under the Arkansas

Whistleblower Protection Act. Sheriff May moves to dismiss the official
capacity claims against him.
2.

Anderson's § 1983 claims against Sheriff May in his official

capacity are really claims against St. Francis County, Arkansas. Veatch
v. Bartels Lutheran Home, 627 F.3d 1254, 1257 (8th Cir. 2010). Sheriff May

says that Anderson hasn't alleged any facts pointing to a policy or
custom of St. Francis County of terminating purported whistleblowers.
The Court agrees. It's true that a single decision of a government

official can constitute an official policy for the purposes of municipal
liability. Pembaur v. City of Cincinnati, 475 U.S. 469,479 (1986). But the
Court of Appeals has held that Arkansas law does not give sheriffs final
policymaking authority in the employment decisions of sheriff offices
because they are subject to review by the quorum court. Thompson v.
Shock, 852 F.3d 786, 793-95 (8th Cir. 2017).

3.

Anderson's official-capacity AWBA claim proceeds at this

stage, though. The AWBA says that a public employer must not take
any adverse action against a public employee for reporting violations
of the law. ARK. CODE ANN.§ 21-1-603(a)(1). An AWBA claim against
Sheriff May in his official capacity is really a claim against the county,
too. Smith v. Daniel, 2014 Ark 519, at 6, 452 S.W.3d 575, 578-79. And
the county is a public employer under the Act.

ARK. CODE ANN.

§ 21-1-602(5)(D). Anderson is correct that the Act doesn't require her
to plead facts regarding a policy or custom of terminating purported
whistleblowers. Anderson has therefore plausibly alleged an AWBA
claim.
4.

Anderson filed suit in August 2023. The docket shows no

service on Johnnie Jones. The Court will dismiss the claims against her
without prejudice unless Anderson shows timely service or seeks some
other relief by 5 April 2024.

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*

*

*

Motion to dismiss, Doc. 23, partly granted and partly denied.
Anderson's§ 1983 claims for violations of her First Amendment rights
against Sheriff May in his official capacity are dismissed without
prejudice. Her A WBA claim against him goes forward. Any curative
amended complaint due by 22 April 2024. Clarification on Johnnie
Jones service due by 5 April 2024.
So Ordered.

(/

D.P. Marshall Jr.
United States District Judge

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