Jabares Kenyon Garrison v. Deputy Suraj Bhardwaj, Benton County Detention Center (BCDC); Officer Zachery Wilson, BCDC; Sergeant Kevin Miller, BCDC; and Deputy White

Summary

The United States District Court for the Western District of Arkansas dismissed Jabares Kenyon Garrison’s 42 U.S.C. § 1983 action with prejudice under Federal Rule of Civil Procedure 41(b) after he failed to respond to the defendants’ motion for summary judgment and failed to comply with orders directing him to respond and show cause. The court concluded that his intentional noncompliance, the late stage of the case, and the defendants’ expenditure of resources warranted dismissal with prejudice.

Holdings

1. A district court may dismiss an action sua sponte under Federal Rule of Civil Procedure 41(b) when the plaintiff fails to comply with court orders or fails to prosecute, and Plaintiff's repeated failure to respond to the court's orders warranted dismissal.
2. Dismissal with prejudice was warranted because Plaintiff's intentional failure to comply with court orders, together with the relatively late stage of the case and the significant resources expended by Defendants, justified the drastic sanction.

Questions Presented

1. Whether the action should be dismissed under Federal Rule of Civil Procedure 41(b) because Plaintiff failed to comply with court orders and failed to prosecute.
2. Whether the dismissal should be with prejudice given Plaintiff's intentional noncompliance and the resources expended by Defendants.

Disposition

dismissed