Summary
affirming summary judgment on due process claim arising out of delay in setting first appearance in a second criminal case, where the totality of the circumstances did not shock the conscience
Summary of this case from Darrough v. GoberOpinion
No. 18-1592
12-27-2018
Khalan Ellington, ADC #655082 Plaintiff - Appellant v. Lacretia Flowers, Booking Agent, Faulkner County Detention Center Unit 2; Billy Kelly, Transport Officer, Faulkner County, Detention Center; Gary Andrews, Lieutenant Defendants - Appellees
Appeal from United States District Court for the Eastern District of Arkansas - Western Division [Unpublished] Before LOKEN, BOWMAN, and GRASZ, Circuit Judges. PER CURIAM.
In this 42 U.S.C. § 1983 action, Khalan Ellington — who was charged and convicted in two separate criminal cases — appeals the district court's adverse grant of summary judgment on a due process claim arising out of a delay in setting his first appearance in the second criminal case. Upon careful de novo review, viewing the record in the light most favorable to Ellington and drawing all reasonable inferences in his favor, we conclude that the totality of the circumstances of this case would not shock the conscience even if there were any possible violation on these facts. See Lucke v. Cty. of Hennepin, 415 F.3d 936, 939-40 (8th Cir. 2005); Hayes v. Faulkner Cty., 388 F.3d 669, 673-74 (8th Cir. 2004). We find that summary judgment was properly granted for the reasons stated in Magistrate Judge Deere's Recommended Disposition dated January 24, 2018, as adopted by the district court. Accordingly, we affirm.
The Honorable Susan Webber Wright, United States District Judge for the Eastern District of Arkansas, adopting the recommended disposition of the Honorable Beth M. Deere, United States Magistrate Judge for the Eastern District of Arkansas. --------