Webb v. City of McCrory, Arkansas, 3:19-cv-00357

Webb's Produce Farms alleges repeated official misconduct aimed at closing its business, including intentional damage to crops and equipment by Chief Firefighter Joe Slocum causing substantial monetary loss and lost contracts.
Employees allegedly suffered racially disparaging remarks, death threats, and a warrantless arrest with excessive force by Officer Nick Watson; Officer James Durham allegedly obstructed bond payment.
Mayor Doyle Fowler is accused of conducting an illegal background check and threatening an employee who reported crop damage; Thomas Kendrick is accused of an illegal investigation, physical assault, and racial threats.
Webb's sought emergency relief but failed to provide the Rule 65 documentation required for a temporary restraining order; Webb's also moved to amend but an amended complaint was already required and filed.
The court screened the amended complaint under 28 U.S.C. § 1915(e)(2) and found plausible claims under 42 U.S.C. § 1983 (unlawful arrest, excessive force, due process, equal protection) and 42 U.S.C. § 1981 (racial discrimination and retaliation), and plausible municipal liability based on alleged policies/customs to close the farm.
The named Woodruff County sheriff’s department is not a suable entity; the court construed claims against it as claims against Woodruff County and directed service of process on the defendants.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Motion to reconsider TRO & appointment of counsel	Webb's argues it needs emergency relief and counsel	Defendants oppose emergency relief and appointment	Denied: Webb's did not provide Rule 65 documentation; appointment of counsel not warranted
Motion to amend complaint	Webb's seeks to amend allegations	Defendants oppose as unnecessary	Denied as unnecessary: court had already required an amended complaint
Screening of claims under § 1915(e)(2) — constitutional and statutory claims	Webb's alleges unlawful arrest, excessive force, due process and equal protection violations, and § 1981 racial discrimination/retaliation; claims stem from an official policy/custom to close the farm	Defendants implicitly argue claims are insufficient at screening	Granted to proceed at screening: court found the § 1983 and § 1981 claims plausible and alleged municipal liability sufficiently pleaded
Proper defendant and service	Webb's named sheriff's department and county	Defendants argue sheriff's department is not suable	Court: sheriff's department is not a suable entity; claims construed against Woodruff County; directed summonses and U.S. Marshal to serve without prepayment

White v. Jackson, 865 F.3d 1064 (8th Cir. 2017) (standards for § 1983 claims involving excessive force and arrest)
Burton v. Livingston, 791 F.2d 97 (8th Cir. 1986) (municipal liability principles)
Gregory v. Dillard's, Inc., 565 F.3d 464 (8th Cir. 2009) (§ 1981 racial discrimination and retaliation claims)
CBOCS West, Inc. v. Humphries, 553 U.S. 442 (2008) (scope of § 1981 causes of action)
Artis v. Francis Howell North Band Booster Ass'n, Inc., 161 F.3d 1178 (8th Cir. 1998) (requirements for showing a municipal policy or custom)
Ketchum v. City of West Memphis, Arkansas, 974 F.2d 81 (8th Cir. 1992) (county sheriff's department not a suable entity)