Dunn v. Bethel et al

Filing 61

ORDER ADOPTING in toto 59 Report and Recommendations; Further, granting 37 Motion to Dismiss for Failure to State a Claim. Plaintiff's unlawful arrest and false imprisonment claims against Defendants Collier, Bethel, Watson, Forga, Avant, Morrison, Cain and Whitworth are hereby DISMISSED WITHOUT PREJUDICE. Signed by Honorable Susan O. Hickey on August 7, 2018. (mjm)

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
HOT SPRINGS DIVISION
JOHN PAUL DUNN
v.

PLAINITFF
Case No. 6:16-cv-06006

OFFICER ROY BETHEL, OFFICER
AARON COLLIER, SHERIFF JASON WATSON,
AGENT BLAKE FORGA, BRENT WHITWORTH,
JAILER RANDY WYNDHAM, LARRY CAIN,
JAMES MAYUE/MAYHUE, JAILER FOLEY,
JAILER NATE MORRISON, OFFICER
MATT AVANT

DEFENDANT

ORDER
Before the Court is the Report and Recommendation filed on July 18, 2018, by the
Honorable Barry A. Bryant, United States Magistrate Judge for the Western District of Arkansas.
ECF No. 59. This is an action brought pursuant to 42 U.S.C. § 1983. On November 29, 2017,
Separate Defendants Bethel, Collier, and Avant filed a Motion to Dismiss Plaintiff’s claims of
unlawful imprisonment and false arrest against them. ECF No. 37. Judge Bryant recommends
that Separate Defendants’ Motion to Dismiss should be granted, and Plaintiff’s unlawful arrest and
false imprisonment claims against certain defendants should be dismissed because those claims
are barred by the Heck doctrine. 1 See Heck v. Humphrey, 512 U.S. 477 (1944).
No party has filed objections to the Report and Recommendation, and the time to object
has passed.

See 28 U.S.C. § 636(b)(1).

Upon review, the Court adopts the Report and

Recommendation in toto. The Motion to Dismiss filed by Separate Defendants Bethel, Collier,
and Avant (ECF No. 37) should be and hereby is GRANTED. Accordingly, Plaintiff’s unlawful

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Although the Motion to Dismiss was filed by Separate Defendants Bethel, Collier, and Avant, Judge Bryant
concludes that the unlawful arrest and false imprisonment claims against Separate Defendants Watson, Forga,
Morrison, Cain, and Whitworth should also be dismissed given the nature of the claims.

arrest and false imprisonment claims against Defendants Collier, Bethel, Watson, Forga, Avant,
Morrison, Cain and Whitworth are hereby DISMISSED WITHOUT PREJUDICE.
IT IS SO ORDERED, this 7th day of August, 2018.
/s/ Susan O. Hickey
Susan O. Hickey
United States District Judge

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