Khalan Ellington, ADC 655082 v. Lacretia Flowers, Booking Agent, Faulkner County Detention Center Unit 2

United States Court of Appeals
For the Eighth Circuit
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No. 18-1592
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Khalan Ellington, ADC #655082
lllllllllllllllllllllPlaintiff - Appellant
v.
Lacretia Flowers, Booking Agent, Faulkner County Detention Center Unit 2; Billy
Kelly, Transport Officer, Faulkner County, Detention Center; Gary Andrews, Lieutenant
lllllllllllllllllllllDefendants - Appellees
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Appeal from United States District Court
for the Eastern District of Arkansas - Western Division
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Submitted: December 14, 2018
Filed: December 27, 2018
[Unpublished]
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Before LOKEN, BOWMAN, and GRASZ, Circuit Judges.
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PER CURIAM.
In this 42 U.S.C. § 1983 action, Khalan Ellington — who was charged and
convicted in two separate criminal cases — appeals the district court’s adverse grant1
The Honorable Susan Webber Wright, United States District Judge for the1
Eastern District of Arkansas, adopting the recommended disposition of the Honorable
Beth M. Deere, United States Magistrate Judge for the Eastern District of Arkansas.

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of summary judgment on a due process claim arising out of a delay in setting his first
appearance in the second criminal case. Upon careful de novo review, viewing the
record in the light most favorable to Ellington and drawing all reasonable inferences
in his favor, we conclude that the totality of the circumstances of this case would not
shock the conscience even if there were any possible violation on these facts. See
Lucke v. Cty. of Hennepin, 415 F.3d 936, 939–40 (8th Cir. 2005); Hayes v. Faulkner
Cty., 388 F.3d 669, 673–74 (8th Cir. 2004). We find that summary judgment was
properly granted for the reasons stated in Magistrate Judge Deere’s Recommended
Disposition dated January 24, 2018, as adopted by the district court. Accordingly, we
affirm.
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