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

TRAVIS DAVIS PLAINTIFF

v. CASE NO. 3:24-CV-00110 JM

COUNTY OF POINSETT, STATE OF ARKANSAS, et al DEFENDANTS

ORDER Plaintiff Travis Davis filed this § 1983 action against Poinsett County, Arkansas, its sheriff, and two of its deputies alleging that his constitutional rights were violated when he was arrested for criminal trespassing. Pending is a motion to dismiss for failure to state a claim filed by the defendants. (Doc. No. 3). Plaintiff has not filed a response, and the time to do so has passed. A complaint must contain “a short and plain statement of the claim that the pleader is entitled to relief” to survive a motion to dismiss under Rule 12(b)(6) for failure to state a claim upon which relief can be granted. Fed. R. Civ. P. 8(a)(2). The Court must “accept as true all facts pleaded by the non-moving party and grant all reasonable inferences from the pleadings in favor of the non-moving party.” United States v. Any & all Radio Station Transmission Equip.,

, 462 (8th Cir. 2000). The complaint must give the defendant fair notice of what the claim is and the grounds upon which it rests and must also “contain sufficient factual matter, accepted as true, to ‘state a claim to relief that is plausible on its face.’” Ashcroft v. Iqbal,

(2009) (quoting Twombly, 550 U.S. at 570). In his complaint, Plaintiff alleges that he and his wife called law enforcement to perform a welfare check on Plaintiff’s sister-in-law, Ashley, when they saw her car at her estranged husband’s house. Deputy Jason Thomas came out and performed the welfare check and left when he determined that Ashley was okay. As soon as Deputy Thomas left, Ashley’s husband, Dustin Shannon, opened Plaintiffs car door, which at that time was parked in the driveway of the house next door to Shannon’s, and began assaulting Plaintiff. Deputy Thomas was called back to the scene. After speaking with all the parties and with his supervisor, Dillon Pique’, Thomas took Plaintiff into custody and charged him with first degree criminal trespass. All the parties involved in the incident and those named as defendants are white, except for Plaintiff who is black. Plaintiff claims damages for emotional distress, harm to reputation, and hardships in his family relationships and employment opportunities. Defendants’ motion to dismiss is well taken. Plaintiffs allegations that he was wrongfully arrested are conclusory and do not show that he was arrested without cause or because of his color. His allegations that all of the other parties are white and he was the only one involved in the altercation that was arrested do not, alone, establish a plausible claim for constitutional violations. Also, Plaintiff has failed to allege a factual basis for his claim against the county for a specific custom or failure to train. For these reasons, Defendant’s motion to dismiss (Doc. No. 3) is GRANTED. A separate judgment will be entered. IT IS SO ORDERED this 23rd day of September, 2024.