IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
DAVID E. WILLIAMS
Civil No. 06-4037
MILLER COUNTY CIRCUIT COURT;
KIRK JOHNSON and JIM GUNTER,
Prosecuting Attorneys, Miller County, Arkansas
REPORT AND RECOMMENDATION OF THE MAGISTRATE JUDGE
David E. Williams filed this civil rights action pursuant to 42 U.S.C. § 1983 on April 24,
2006, in the Eastern District of Arkansas. The case was then transferred to this court and the file
received on May 4, 2006.
He proceeds pro se and in forma pauperis (IFP). The case is before the undersigned for
a determination of whether it should be served upon the defendants.
Williams is currently an inmate in the Arkansas Department of Correction (ADC).
According to the allegations of the complaint, he was arrested on July 8, 1979, by Detective H.L.
Phillips and taken to the Miller County Jail. Williams alleges no arrest warrant was issued until
July 12, 1979, when he was charged with murder and attempted murder.
Williams alleges he and not taken before a judge for arraignment until September 7,
1979. Williams maintains prosecuting attorneys, Kirk Johnson and Jim Gunter, did nothing to
ensure that he was brought before a judge for a prompt probable cause determination. Williams
maintains his detention violated the Due Process Clause of the United States Constitution.
Case 4:06-cv-04037-HFB Document 9 Filed 05/24/2006 Page 1 of 4
Williams v. Miller County Circuit Court, et al
He names as defendants the Miller County Circuit Court and prosecuting attorneys, Kirk
Johnson and Jim Gunter. As relief, Williams seeks compensatory damages in the amount of 3.7
million dollars. He also asks for an award of punitive damages.
This case is subject to dismissal. First, Williams’ claims against the Miller County
Circuit Court are subject to dismissal. “[S]tate courts as entities are not vulnera