Kent v. Stone County, Arkansas et al
Court Docket Sheet

Eastern District of Arkansas

1:2016-cv-00036 (ared)

COMPLAINT filed by Chris Kent with Jury Demand, against all defendants; Fee of $400.00 paid, Receipt Number LIT056153; summonses issued and returned to attorney

APR 0.7 2016 JA¥E$,.W.~ORMACK CLERK IN THE UNITED STATES DISTRICT COURT By:~ ' EASTERN DISTRICT OF ARKANSAS DEP CLERK NORTHERN DIVISION CHRIS KENT) Plaintiff,)) ~) Case No: \'\le ll\/:?J\12) L-\\) Stone County, Arkansas,) Sheriff Lance Bonds (individually and in his) official capacity),) Deputy Sheriff Brad Redding) (individually and in his) official capacity)) Defendants.) COMPLAINT Plaintiff for his Complaint against the Defendants states: Jurisdiction and Venue 1. This action is brought pursuant to 42 U.S.C. §1983, 15 U.S.C. §1, and common law. Jurisdiction is founded upon 28 U.S.C. §§1331 and 1343(a)(3) and (4). Supplemental jurisdiction under 28 U.S.C. §1367(a) exists over pendent state law claims. 2. Venue is proper in this court, pursuant to 28 U.S.C. §1391(b)(l) and (2), as all parties are residents of Arkansas and all Defendants reside in the Eastern District of Arkansas and a substantial part of the events or omissions giving rise to the claims asserted herein occurred within the Eastern District of Arkansas. th\roep "32 J'his case assigned to District Judge and to Magistrate Judge keeyn 3. The action is timely filed. The Parties 4. Plaintiff is a citizen of the United States, and resides in Stone County, Arkansas and at all relevant times was the owner of Ozark Sewer & Drain, a plumbing related business. 5. Defendant Lance Bonds ("Bonds"), is a citizen of the United States and currently resides in Stone County, Arkansas. At all relevant times he was employed by Stone County Arkansas as its duly elected Sheriff, and was operating under color of state law. 6. Defendant Stone County is an Arkansas County, properly created and existing and performing governmental operations as such an entity. As a part of its ongoing governmental operations, Stone County operates a sheriff's office known as the Stone County Sheriff's Office. 7. Defendant Brad Redding ("Redding") is a United States citizen and a resident of Stone County, Arkansas. At all relevant times, Redding was a duly appointed and acting Deputy Sheriff of Stone County, Arkansas, and was operating under color of state law. 8. Plaintiff sues all Defendants (except for Stone County, Arkansas) in both their individual and official capacities. 2 Facts 9. Plaintiff, John Christopher Kent ("Kent"), was a party to a certain Civil Action filed by Centennial Bank in Stone County regarding a note he executed along with Shawn Downs: Stone County Circuit Court Case No. CV-2014-038-4 (the"Action"). 10. As part of the Action, the Court entered an Order on September 30, 2014, directing the Plaintiff to turnover certain property which had been purchased with the note proceeds, and to tender an insurance check to Centennial Bank related to the Action, representing proceeds from insured property that had been totaled. 11. On September 14, 2014, Plaintiff Kent was in a very serious car accident which prohibited him from driving and substantially restricted his ability to function in any normal way, and left Kent in a wheelchair, requiring surgery. Plaintiff was under professional care and treatment for an extended time period. 12. On September 19, 2014, the Plaintiff had two major surgeries on both his knees, could barely walk, and could not bend his knees past 60 degrees, which prevented him from getting in or out of most vehicles, or getting in any vehicle comfortably. He did physical therapy three days a week for two hours a day, and was under substantial pain medication. 13. In response to the September 30, 2014 Order entered by the Stone County judge regarding the turnover of certain property, the Plaintiff contacted Centennial 3 Bank's attorney, Jeff Dobbins, and advised him of several things. First, that he had not been served any papers until Friday, November 141h, and that he had met with loan the Bank's officer, Brad Shipman, after the death of Shawn Downs, the co-maker on the note, to advise him that two company vehicles had been stolen, and Mr. Downs did not want to make an insurance claim to avoid it affecting his personal situation with the insurance company he represented. Plaintiff advised Centennial Bank's attorney that he could have a wrecker bring the 1996 Mac Truck to any particular location that he wanted, and further advised the bank's attorney where the truck was located, particularly 2838 Mountain View Road. 14. With regard to equipment referred to in the Court Order in the Action as the rotor rooters on the trailer, the Plaintiff advised the bank's attorney that they were loaded up at 1959 Batesville Boulevard, however he did not have a truck to pull the trailer, he was extremely handicapped, and could not drive a truck. Plaintiff also advised that the holding tanks were on the yard of his old shop on Highway 5, and that if they were not there he would be glad to see if he could locate them. Lastly, the Plaintiff advised the bank's attorney that he had no equipment big enough to move the holding tanks. 15. With regard to the insurance check in the amount of approximately $13,000.00, the check was delivered to a female bank employee at the bank on or about 4 September 23, 2014, by the Plaintiff's mother, Pam Wright, who has reason to believe the check was then delivered to Brad Shipman, who advised Ms. Wright that everything was in order. Wright contacted the bank's attorney while Plaintiff was in the hospital to advise him of delivery of the check. The check would have been delivered earlier, but there had been a dispute with the widow of Shawn Downs regarding her obligation on the balance of the note. After the delivery of the $13,573.12 check, there was allegedly $5,000.00 still owed, to which the Plaintiff had been in discussion with Brad Shipman to structure a payout, if the equipment did not cover the balance. Plaintiff believes the check cleared the bank in the second week of October, 2014. The other equipment had a value in excess of $5,000.00. 16. Fortunately Plaintiff recovered from the surgery. It was not until approximately October 22, 2015, that the issue with the Order was raised again, without prior notice or any contact from the Bank or the Sheriff's Department. The Plaintiff had returned to his home in Drasco, Arkansas and discovered that it had been broken into, and contacted the Stone County Sheriff's Department, who sent four or five officers to his home, which seemed strange to the Plaintiff for a simple break-in. 17. After the officers did a cursory review of the house, with one of the officers inside the house asking questions for approximately five minutes, he gave the Plaintiff a sheet of paper referred to as an "incident report". The Plaintiff advised the 5 Defendants that he could not write due to an issue with his hand surgery, however, the Sheriff's Department stated that when he was through that he should come outside. 18. When the Plaintiff came out of his home, he was advised by the Sheriff's Department and deputies that he was being arrested, however, he was not shown any warrant. The Plaintiff was provided a copy of a pleading related to the Action, and immediately advised the Sheriff's Department to call Jeff Dobbins because the check had been delivered to the Bank, and cleared the Bank in October of 2014, and Dobbins had been advised of where all the equipment was located on the Plaintiff's parents' property in November of 2014, to allow recovery of any alleged balance owed the Bank. 19. Plaintiff again advised the Sheriff's Department where the remaining equipment was, on his family's farm not too far from his home, the same place where he had advised Dobbins in 2014, when he was incapacitated. The Plaintiff has reason to believe the Defendants failed to investigate or verify the Plaintiff's information before wrongfully arresting the Plaintiff, or after he advised them of the facts regarding the delivery of the check and equipment. 20. Plaintiff was then wrongfully detained in the Stone County Sheriff's vehicle and taken to the Stone County jail in Mountain View, AR, where Plaintiff again advised the Sheriff of the October 2014 delivery of the check, and the location of the equipment, and his compliance with the Court's Order. Plaintiff also advised the Sheriff 6 of his physical situation regarding his hand surgery and shoulder injury from a head on collision two weeks apart, a month prior to the arrest, and his need for physical therapy, medications, and two hand braches which he did not have. Defendants wrongfully refused to allow the Plaintiff to make any telephone calls on the Friday he was wrongfully incarcerated, or obtain his medication and two hand braces, or otherwise address Plaintiff's acute physical condition which required urgent medical care. 21. The next day, the Plaintiff's stepfather delivered a trailer of the equipment to the location which had been disclosed to Centennial Bank in 2014, in Mountain View. Plaintiff's mother called Mr. Dobbins and Mr. Shipman requesting that they again advise the Sheriff's Office that the Bank had received the check and equipment referenced in the Court's Order of September 30, 2014, the location of which they were aware in 2014, assuming the Defendants were not already aware of such information. Notwithstanding this information, the Sheriff's Office would not free the Plaintiff from incarceration, with the Plaintiff being wrongfully and unreasonably incarcerated in violation of his constitutional rights, ultimately not being freed until Tuesday, October 27, 2015. During his wrongful detention, the Plaintiff suffered severely while he was without his pain medication, Hydrocodone and Adderall, which he had requested a friend bring to him, who left it at the jail, to which the Plaintiff was not provided. 22. The Plaintiff requested that he be transferred to a hospital on several 7 occasions, which was ignored by the Defendants. Defendant Bonds promised to take the Plaintiff to his physical therapy, however, ultimately refused without explanation. 23. At all times during the Plaintiff's wrongful detention, Defendants were aware of the 2014 location of the subject property in the Court's Order, and that the funds had been returned to the Bank in October of 2014. Notwithstanding same, Defendants willfully, and maliciously performed a warrantless search, seizure, and unreasonable arrest and detention of the Plaintiff, all without probable cause or confirmation of the legal basis for such action, with deliberate indifference to Plaintiff's serious medical condition and needs, in deliberate violation of Plaintiff's Fourth and Eighth Amendment rights, effecting a malicious and abusive deprivation of liberty in direct violation of 42 U.S.C. §1983, in addition to the Plaintiff's substantive and procedural due process rights. 24. Plaintiff respectfully requests a jury trial on all causes of action. WHEREFORE, Plaintiff respectfully prays for all appropriate compensatory damages in excess of $500,000.00; punitive damages; for his costs and fees, and for all other just and proper relief to which he may be entitled. 8 Respectfully submitted, EICHENBAUM LILES P.A. 124 West Capitol, Suite 1400 Little Rock, AR 72201 Phone: (501) 376-4531 Fax: (501) 376-8433. Penick, III (ABN 81129) NEYS FOR PLAINTIFF 9

STIPULATION of Dismissal by Chris Kent.

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION CHRIS KENT PLANITIFF V. Case No: 1: 16 - CV - 00036 STONE COUNTY, ARKANSAS, SHERIFF LANCE BONDS, INDIVIDUALLY AND OFFICIAL CAPACITY; DEPUTY SHERIFF BRAD REDDING INDIVIDUALLY AND IN HIS OFFICAIL CAPACITY DEFENDANTS STIPULATION OF DISMISSAL COME NOW the parties, Chris Kent, by and through is counsel, Eichenbaum Liles, PA and Stone County, Arkansas, Sheriff Lance Bonds, Individually and Official Capacity; Deputy Sheriff Brad Redding, Individually and In His Capacity (collectively " Defendants"), by and uMathTAMMONTRAS through their attorney, Rainwater, Holt and Sexton, Michael R. Rainwater and Jason E. Owens, and pursuant to F. Supp. Procedure 41 stipulate as follows: 1. The Complaint was filed on April 7, 2016. ANTIREANNASTERISMEGEunirinoteatri MIESTE 2. Pursuant to the F. R. C. P. 41 (a) (1) (A) (ii), the parties jointly submit this stipulation to the Court, as a voluntary dismissal without prejudice to the Plaintiffs rights to a future action, and should not operate as adjudication on the merits of this matter. WHEREFORE, the parties jointly submit this stipulation as allowed under F. R. C. P. 41, providing that the respective claims against either party are hereby dismissed without prejudice and should not operate as adjudication on the merit on any issues or claims by either of the parties. BARKANSotsessexsessgenAgNALINARAKORXegieusgatent15steenistusseAsia Ntsikintien NASLEAKALANAMAMARAANANINIthacaidiseassa taisteaseSensaziarsyesYFRASYARANMYANHcantitatea sawanswerteSNEDANSERESSANXENINASARVOAXAXXRNIYARİLYASARNYANYIPALEMELUK ! EICHENBAUM LILES P. A. 124 West Capitol, Suite 1400 Little Rock, AR 72201 Phone: (501) 376 - 4531 Fax: (501) 376 - 8433 Email: jpenick (delhlaw. com By: / s / James H. Penick, III James H. Penick, III (ABN 81129) ATTORNEYS FOR PLAINTIFF RAINWATER, HOLT AND SEXTON Michael R. Rainwater and Jason E. Owens 801 Technology Drive Little Rock, Arkansas 72222 - 7250 Telephone: (501) 868 - 2500 Facsimile: (501) 868 - 2505 Email: ownes @ rainfirm. com By: / s / Jason E. Owens Jason E. Owens Halve Rees Segunggung perearsedioeneventantereeseensavagestynytaleyendastamiseenesansesznecesarÉLeiceergayangnasseguonansutresnetiesexeerssenaraikittiecisobikswatesarengan: 2

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COMPLAINT filed by Chris Kent with Jury Demand, against all defendants; Fee of $400.00 paid, Receipt Number LIT056153; summonses issued and returned to attorney
Civil Cover Sheet)(tjb
1 Attachment
AFFIDAVIT of Service of Summons in a Civil Action on Deputy Sheriff Brad Redding, Individually and In his Official Capacity, filed by Chris Kent. Brad Redding served on 4/13/2016.
AFFIDAVIT of Service of Summons in a Civil Action on Sheriff Lance Bonds, Individually and in his Official Capacity, filed by Chris Kent. Lance Bonds served on 4/13/2016.
AFFIDAVIT of Service of Summons in a Civil Action on Stone County, Arkansas, filed by Chris Kent. Stone County, Arkansas served on 4/13/2016.
NOTICE of Appearance by Jason E. Owens on behalf of Lance Bonds, Brad Redding, Stone County, Arkansas
ANSWER to 1 Complaint with Jury Demand by Lance Bonds, Brad Redding, Stone County, Arkansas.
INITIAL SCHEDULING ORDER: Rule 26(f) Conference to occur by 7/7/2016. Rule 26(f) Report due by 7/21/2016. Proposed jury trial date the week of 5/8/2017 in Batesville before Judge J. Leon Holmes. Signed at the direction of the Court.
JOINT REPORT of Discovery Dispute filed by Chris Kent.
FINAL SCHEDULING ORDER: Jury Trial set for the week of 5/8/2017 at 9:15 AM in Batesville, Courtroom #252 before Judge J. Leon Holmes. Discovery due by 2/23/2017. Pretrial Disclosure Sheet due by 4/18/2017. Status Report due by 3/9/2017. Signed at the direction of the Court.
STIPULATION of Dismissal by Chris Kent.
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