Bey v. Singleton
4:24-cv-04007
W.D. Ark.May 19, 2025Background
- Plaintiff Bernard Bey filed suit against several law enforcement officers in Hempstead County, Arkansas, claiming constitutional and other violations related to his arrest and prosecution.
- Bey alleged that he is not a U.S. citizen and that his passport instructs authorities not to detain him.
- In various filings, Bey asserted violations related to his perceived non-citizen (sovereign citizen) status, due process, alleged defamation, and handling of evidence (methamphetamine weight discrepancy).
- The Magistrate Judge recommended dismissal for failure to state a claim, finding Bey's amended complaints were largely devoid of actionable allegations and based on frivolous sovereign citizen theories.
- Bey objected, reiterating his citizenship arguments, procedural grievances, and an ineffective assistance claim against his criminal defense lawyer.
- The District Judge conducted a de novo review and adopted the recommendation, dismissing the complaint without prejudice under 28 U.S.C. § 1915(b)(1).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sovereign Citizen/Non-Citizen Claim | Bey argued his status as a non-citizen/sovereign citizen protects him from arrest/detention. | Not specifically detailed; court treats as motion to dismiss. | Claim is frivolous; sovereign citizen theories rejected. |
| Defamation | Bey claimed his character was defamed. | Not specifically detailed. | Defamation not actionable under §1983. |
| Due Process/Methamphetamine Evidence | Bey claimed due process violations relating to evidence handling and his arrest. | Not specifically detailed. | Complaint fails to state a plausible constitutional claim. |
| Damages for Unconstitutional Conviction | Bey sought damages for alleged wrongful conviction/imprisonment. | Not specifically detailed. | Heck v. Humphrey bars such claims absent overturned conviction. |
Key Cases Cited
- Haines v. Kerner, 404 U.S. 519 (1972) (pro se complaints must be liberally construed)
- Preiser v. Rodriguez, 411 U.S. 475 (1973) (release from custody must be sought via habeas corpus, not §1983)
- Heck v. Humphrey, 512 U.S. 477 (1994) (§1983 plaintiffs cannot seek damages for unconstitutional conviction unless conviction has been invalidated)
- Ellinburg v. Lucas, 518 F.2d 1196 (8th Cir. 1975) (defamation is not actionable under §1983)
- United States v. Jagim, 978 F.2d 1032 (8th Cir. 1992) (sovereign citizen-based arguments are frivolous)