Meraz v. Liles et al

Filing 13

ORDER ADOPTING 7 REPORT AND RECOMMENDATIONS IN ITS ENTIRETY; The Clerk ofCourt is DIRECTED to terminate all Defendants except Seratt and Liles. See Order for specifics. S. Calvillo (FPD), Clifford (Sebastian County Sheriff), Jane Doe Dispatcher (FPD), John Doe FPD Officer or Washington County Deputy, John Doe Patrol Officer #1 (FPD), John Doe Patrol Officer #2, Ellis Donaldson (FPD), J. Faubus (FPD), J. Harris (FPD), Hutsell (FPD), Jerome Meraz, Mike Reynolds (FPD), J. Bailey (FPD) and Boyd (FPD) terminated. Signed by Honorable Timothy L. Brooks on March 10, 2025. (tmc)

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
FAYETTEVILLE DIVISION
JEROME MERAZ
V.

PLAINTIFF
CASE NO. 5:24-CV-5255

OFFICER J. LILES,
Fayetteville Police Department (FPD);
JOHN DOE PATROL OFFICER #1, FPD;
OFFICER SERATT, FPD;
JANE DOE DISPATCHER, FPD;
OFFICER ELLIS DONALDSON, FPD;
JOHN DOE FPD OFFICER OR
WASHINGTON COUNTY DEPUTY;
JOHN DOE PATROL OFFICER #2;
CHIEF OF POLICE MIKE REYNOLDS, FPD;
OFFICER J. HARRIS, FPD;
OFFICER J. FAUBUS, FPD;
OFFICER BOYD, FPD;
OFFICER J. BAILEY, FPD;
DEPUTY CLIFFORD,
Sebastian County Sheriff;
OFFICER S. CALVILLO, FPD;
and OFFICER HUTSELL, FPD

DEFENDANTS

ORDER
Now before the Court is the Report and Recommendation (“R&R”) (Doc. 7) of the
Honorable Christy Comstock, United States Magistrate Judge for the Western District of
Arkansas. The Magistrate Judge recommends dismissing all claims against all
Defendants except for the individual capacity claims against Defendants Seratt and Liles
stemming from the arrest occurring on August 13, 2022. Plaintiff Jerome Meraz filed
Objections to the R&R (Doc. 10) and a Brief in Support (Doc 11) on February 24, 2025,
which prompted this Court to review the entire case de novo.

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Plaintiff’s Objections do not engage with the legal reasoning in the R&R in any
respect. The R&R explained why all claims stemming from incidents occurring in October
2021 were barred by the statute of limitations; the HIPPA claim and the official capacity
claim must be dismissed; and all claims stemming from incidents occurring on April 2,
2022 were barred by res judicata. Plaintiff ignores the R&R’s careful reasoning and simply
asks that the Court permit the above claims to be litigated. As the Objections are without
merit, they are OVERRULED.
Accordingly, IT IS ORDERED that the R&R (Doc. 7) is ADOPTED IN ITS
ENTIRETY. On preservice screening pursuant to 28 U.S.C. § 1915A, all claims are
DISMISSED, with the exception of the individual capacity claims against Defendants
Seratt and Liles stemming from the arrest occurring on August 13, 2022. The Clerk of
Court is DIRECTED to terminate all Defendants except Seratt and Liles. The case is
to remain referred to the Magistrate Judge for all pretrial purposes.
IT IS SO ORDERED on this 10th day of March, 2025.
Timothy L. Brooks
TIMOTHY L. BROOKS
UNITED STATES DISTRICT JUDGE

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