172005P.pdf   01/14/2019  Ramona Evans  v.  City of Helena-West Helena, AR
   U.S. Court of Appeals Case No:  17-2005
   U.S. District Court for the Eastern District of Arkansas - Helena   
   [PUBLISHED] [Colloton, Author, with Beam and Grasz, Circuit Judges] 
   Civil case - Civil rights. In action alleging the Phillips County District 
   Court clerk's office failed to document plaintiff's payment of certain 
   fines and requested her arrest, thereby depriving her of her liberty and 
   property in violation of her due process rights, the district court erred 
   in dismissing the action against the City of West Helena; even if the 
   clerk has absolute or qualified immunity, that immunity does not foreclose 
   an action against the City if the complaint adequately alleges an 
   unconstitutional policy or custom and an unconstitutional act by the clerk 
   as a city employee; as to the district court's other rationale for 
   dismissal - that the clerk is a state government official whose actions 
   are not attributable to the City - the record has not been developed, at 
   this state of the case, regarding the clerk's duties, source of salary and 
   the degree of control exercised by state and City officials; the complaint 
   states a plausible claim that the clerk was a city official, in which case 
   the City could be accountable; it was error, therefore, to dismiss the 
   complaint.