Politics

Federal judge dismisses former Helena-West Helena mayor’s civil rights case

A federal district court judge has dismissed former Helena-West Helena Mayor Christopher Franklin’s civil rights complaint, clearing the way for his broader fight over his removal from office to continue elsewhere.

Franklin filed a 44-page complaint last year accusing First Judicial Circuit Court Judge Christopher Morledge and Prosecuting Attorney Todd Murray of conspiring to deny civil rights to Franklin and other Black residents of Phillips County. In his filing, Franklin argued the officials devised a “common scheme” and used their public offices as cover for what he described as racist intent. The allegations pointed to steps taken before and during Franklin’s removal from office.

Misryoum newsroom reported the case followed Franklin’s court-ordered removal from office last year, when Morledge ordered him out. Franklin was arrested by state police in June on charges of failing to pay or file a tax return, and he was removed from office the next week. Gov. Sarah Huckabee Sanders later appointed a new mayor to finish Franklin’s term in October.

The complaint reached federal court in two stages. Franklin brought an original complaint in June while he was still in office, then submitted an amended complaint in August after he was removed. The amended complaint lists seven counts of civil rights violations. Franklin’s theory was that Morledge and Murray “devised and implemented ‘a common scheme, plans and courses of action’” intended to deprive him of constitutional rights. Part of the scheme, Franklin said, involved creating “spurious documents,” including a temporary restraining order that preceded the removal.

He also argued that during the lead-up to his removal, Murray made false, incomplete and misleading statements in a verified complaint. Franklin’s federal complaint additionally included claims under the Arkansas Constitution, brought under Arkansas state law. He sought injunctive, declaratory and monetary relief.

In a 21-page ruling dated March 31, U.S. Chief District Judge Kristine Baker of the U.S. District Court for the Eastern District of Arkansas dismissed Franklin’s civil rights complaint. Baker said the officials’ arguments—grounded in sovereign, judicial, prosecutorial, qualified and statutory immunity—applied, at least in part, and she also found Franklin did not clear pleading requirements. Misryoum editorial desk noted Baker partially granted Morledge and Murray’s motion to dismiss.

Baker dismissed Franklin’s injunctive relief claims and declined to exercise jurisdiction over his state law claims. For the injunctive relief issues, the judge said the claims against Morledge were barred by judicial immunity, and the claims against Murray were barred by prosecutorial immunity. Baker’s ruling doesn’t end Franklin’s legal exposure, though, and it comes during what one could call a busy, litigious period for him. Franklin faces four felony counts for failure to pay or file tax returns.

This is a separate front from another fight involving contempt of court. Last February, Morledge held Franklin and the city’s chief of staff, James Valley, in contempt, saying they willfully disobeyed an Arkansas Supreme Court ruling that prevented them from taking raises vetoed by the previous mayor, Kevin Smith, on his last day in office. Misryoum newsroom reported Morledge ordered repayment of the vetoed raises within 90 days or face jail time. Franklin and Valley appealed that contempt ruling to the Arkansas Supreme Court. Franklin is also appealing his removal from office.

Outside the courtroom, the paper documents from filings—thick and dog-eared—have been hard to miss around city hall. And now, with Baker’s dismissal landing, Franklin’s case is still not done, even if this federal complaint didn’t survive.

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