IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS NORTHERN DIVISION

EDWARD LEE BROWN PLAINTIFF

v. No. 3:19-cv-320-DPM

JERRY HENRY DEFENDANT

ORDER 1. Brown has provided particulars about his claims against the sole remaining defendant, Jerry Henry. The Court must screen his allegations.

(e)(2). Henry was an officer with the Osceola Police Department. Doc. 7. Henry approached Brown in July 2007 outside a grocery store, explaining that another officer needed to talk with Brown about his son. Henry did not cuff Brown, Mirandize him, or arrest him. Doc. 2-1 at 27; Doc. 5 at 3. Henry drove Brown to the police station, where he was later charged with two counts of third-degree domestic battering of two children. Doc. 2 at 27 & 63. 2. Brown contends he was illegally seized. Doc. 5 at 3. Assuming an unconstitutional seizure occurred in 2007, Brown has waited too long to raise that claim in this 2019 case. Federal law borrows Arkansas’s three-year statute of limitations, ARK. CODE ANN. § 16-56-105, for this kind of claim under

. Wilson v. Garcia,

(1985).

Any individual capacity claim against Henry about the alleged 2007 seizure fails as time-barred; and any official capacity claim about it against Osceola through Henry does, too.

(e)(2)(B) (ii). Brown’s claims against Henry will therefore be dismissed with prejudice. An in forma pauperis appeal from this Order and accompanying Judgment would not be taken in good faith.

(a)(3). So Ordered.

D.P. Marshall Ww United States District Judge ow,

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