4:24-cv-04102•McElroy v. Miners et al
Gesamter Gesetzestext
1 IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS TEXARKANA DIVISION JEREL R. McELROY PLAINTIFF v. Civil No. 4:24-CV-04102-SOH-CDC WARDEN MINERS, Southwest Arkansas Community Correction Center (“SWACCC”); MAJOR VICKI WALKER, SWACCC; LIEUTENANT SHARITA DEDMON, SWACC; JOHN AND JANE DOE EMPLOYEES of the SWACCC Medical Department; DISCIPLINARY HEARING COMMITTEE (DHC); and TINA HODGE (SOD), Staff over Discipline, DEFENDANTS. MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION Plaintiff Jerel R. McElroy, a convicted prisoner incarcerated at the Southwest Arkansas Community Correction Center (“SWACCC”), has initiated the above-captioned civil rights action under 42 U.S.C. § 1983. Plaintiff proceeds pro se and in forma pauperis (“IFP”). (ECF No. 7). Pursuant to the provisions of 28 U.S.C. §§ 636(b)(1) and (3), the Honorable Susan O. Hickey, Chief United States District Judge, has referred this case to the undersigned for the purposes of entering a report and recommendation on preservice review of Plaintiff’s Second Amended Complaint pursuant to 28 U.S.C. § 1915A(a).1 Section 1915A requires the Court to review any complaint in which a prisoner, such as Plaintiff, seeks redress from a governmental 1 Upon initial review of Plaintiff’s original complaint pursuant to 28 U.S.C. § 1915A(a), United States Magistrate Judge Barry Bryant ordered Plaintiff to submit an amended complaint. (ECF No. 3). After submitting an amended complaint, Plaintiff filed a motion requesting permission to further amend his complaint. See (ECF No. 9). This Court granted that request. (ECF No. 10). On November 19, 2024, Plaintiff submitted his Second Amended Complaint (“SAC”), which remains the operative pleading in this matter. Case 4:24-cv-04102-SOH Document 12 Filed 01/06/25 Page 1 of 20 PageID #: <pageID>
2 entity or officer or employee of a governmental entity. 28 U.S.C. § 1915A(a). Upon that review and for the reasons outlined below, this Court recommends that Plaintiff’s Second Amended Complaint, (ECF No. 11), be dismissed, in part. BACKGROUND2 Plaintiff explicitly asserts six claims for relief.3 First, identifying Warden Miners and DHC Court (“Disciplinary Hearing Committee”) as defendants in their official and personal capacities,4 Plaintiff claims that he has been exposed to various unconstitutional conditions of confinement while incarcerated at the SWACCC. Specifically, Plaintiff alleges that: • On February 15, 2024, he was subjected to freezing cold showers and “some floors” during his intake. • From March 10, 2024, until the following month, “no toilet paper was allotted to each inmate.” Plaintiff also says that he did not have any toilet paper from August 30, 2024, to September 3, 2024. • Plaintiff was exposed to asbestos and black mold, which caused him to become sick. • Dishes were not washed with soap or bleach “for months” because the kitchen dishwasher was broken. • Plaintiff’s request for medical attention for a UTI was refused. • Plaintiff was placed in segregation without cause. 2 The facts in this section derive from Plaintiff’s verified Second Amended Complaint. (ECF No. 11). For the purposes of preservice review, the Court assumes the factual allegations to be true. See Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009) (“To survive a motion to dismiss, a complaint must contain sufficient factual matter, accepted as true, to state a claim to relief that is plausible on its face.”) (internal citation omitted). 3 There is significant overlap in the factual assertions giving rise to each claim. The Court, however, endeavors to describe and address those factual allegations only once in this report and recommendation. 4 Plaintiff is inconsistent in the spelling of Warden Miners. In the case caption and “defendant information” section of the SAC, he spells it “Miners,” (ECF No. 11, p. 2), elsewhere, however, he spells it “Miner,” see id., p. 4. For consistency, this Court spells the name as it appears in the case caption: “Miners.” Case 4:24-cv-04102-SOH Document 12 Filed 01/06/25 Page 2 of 20 PageID #: <pageID>
3 • On October 25, 2024, Plaintiff sent a request to the Warden about “his safety and treatment from [the] staff,” but the Warden ignored his letter, telling him to direct his complaints to the DHC. • Plaintiff’s segregation cell was infested with ants and covered with feces, but “officers” would not adequately address these conditions. • Plaintiff was denied access to the administrative grievance process. • Plaintiff was “locked down” for 24 hours a day without the ability to shower, make phone calls, or exercise. • Officials read Plaintiff’s legal mail from this Court. • The facility was “infested” with roaches. Plaintiff says that he has found roaches in the food. • Officials retaliated against Plaintiff by placing him in segregation on June 7, 2024, for exercising his First Amendment right to free speech. • Plaintiff was placed in segregation on July 9, 2024, and August 28, 2024, without just cause. • Plaintiff was housed in cells 103, 109, and 113. In cell 103, there was rust around the sink and faucet, black mold growing on the walls, which caused him to become sick, and human feces rubbed onto the left side of the cell. • Plaintiff says that while he was in segregation, he asked Defendant Warden Miners for a grievance/complaint form, but Defendant Miners told him that he needed to write the “A.R.O.” to request the form. Plaintiff says that he requested the forms through the A.R.O., but did not receive them, and that Defendant Miners directed Cpl. Johny Peavey to provide him with the grievance forms, knowing that officers could not supply such forms. (ECF No. 11, pp. 4-9). Second, identifying Major Vicki Walker, “DHC (Disciplinary Hearing Committee),” and Warden Miners (SWACC) as defendants in their official and individual capacities, Plaintiff says that on June 7, 2024, Defendant Walker called him down for work at 7:30 am, thirty minutes before his shift started, and directed him to start working. Plaintiff says that he and Defendant Walker Case 4:24-cv-04102-SOH Document 12 Filed 01/06/25 Page 3 of 20 PageID #: <pageID>
4 exchanged words, and he eventually told her that he “hires people and put[s] them to work,” which prompted her to order him to be placed in segregation. (ECF No. 11, pp. 10-11). Plaintiff says that Defendant Walker retaliated against him for exercising his First Amendment right to free speech by ordering him to segregation and that he was placed in segregation without adequate process. (ECF No. 11, p. 11). Third, Plaintiff says that on August 24, 2024, Plaintiff, along with other inmates, waited in the hallway after lunch for other inmates to pass. (ECF No. 11, pp. 14-15). According to Plaintiff, Defendant Dedmon, who had been “targeting him,” was “disrespectful towards him,” and ultimately ordered him to be placed in segregation without justification. Id., p. 15. Plaintiff says that Defendant Dedmon provided incorrect information in her report on the incident. Id., pp. 15-16. Plaintiff also claims that the DHC failed to properly investigate the incident, finding him “not guilty” of failing to comply with staff orders but “guilty” of something that did not happen. Id., p. 18. Fourth, Plaintiff says that on March 25, 2024, he submitted a medical request, and, in response, he was asked to provide additional information regarding the basis for that request. (ECF No. 11, p. 19). According to Plaintiff, he replied, saying, “UTI,” but officials responded requesting more information about his symptoms. Plaintiff says that on April 6, 2024, he submitted a second medical request, but it was denied as “incomplete request,” because he failed to include the basis for his medical request including the symptoms he was experiencing. The same thing happened again on April 7, 2024, when he submitted a third medical request. Plaintiff asserts that he was denied medical care and that he continues to experience “problems.” Id., p. 20. As to this claim, Plaintiff identifies “John and Jane Doe Medical Staff” and Warden Miners Case 4:24-cv-04102-SOH Document 12 Filed 01/06/25 Page 4 of 20 PageID #: <pageID>
5 (SWACCC) as defendants in their individual and official capacities. Fifth, Plaintiff says that on or about June 11, 2024, July 9, 2024, August 28, 2024, September 5, 2024, and October 31, 2024, he was placed in administrative segregation without cause in violation of his due process rights. (ECF No. 11, p. 22). According to Plaintiff, while he was in segregation, he was exposed to unconstitutional conditions of confinement, specifically: • He was placed on “lockdown” 24 hours a day without access to a shower, exercise, or a phone call. • Plaintiff’s segregation cell contained feces and ants. • He was not provided toilet paper from August 30, 2024, to September 3, 2024. Id. Plaintiff asserts that he was placed in segregation on June 7, 2024, (following a hearing) for purportedly telling officials that he only cleaned his own floors. Id., p. 23. He further claims that he was placed in segregation on July 9, 2024, (following a hearing), for “not standing in protocol;” and that he was placed in segregation on August 28, 2024, for “asking an officer why [the officer] is always targeting him and stating that [he] knows his rights.” Id. Plaintiff contends that none of these reasons constitutes a sufficient basis to place him in segregation. As to this claim, Plaintiff identifies “DHC” (Disciplinary Hearing Committee), John and Jane Doe, and Warden Miners (SWACCC) as defendants in their individual and official capacities. Finally, Plaintiff says that Defendant Hodge placed him in solitary for “not standing in protocol,” in violation of his constitutional rights. (ECF No. 11, p. 27). Plaintiff claims that on October 24, 2024, Defendant Hodge filed a false disciplinary charge against him in retaliation for filing lawsuits. Id., p. 28. Further, while he was in segregation, Plaintiff claims that he was not allowed access to any complaints or grievances to exhaust his administrative remedies regarding Case 4:24-cv-04102-SOH Document 12 Filed 01/06/25 Page 5 of 20 PageID #: <pageID>
6 the conditions of his cell. As to claim five, Plaintiff identifies Tina Hodge, (“SOD”) staff/supervisor over discipline, and Warden Miners as defendants in their official and individual capacities. Plaintiff requests compensatory and punitive damages and injunctive relief. LEGAL STANDARD Under the Prison Litigation Reform Act (“PLRA”), the Court is required to review this case prior to service of process being issued. Pursuant to 28 U.S.C. § 1915A(b), the Court must dismiss a complaint, or any portion of it, if it contains claims that: (1) are frivolous, malicious, or fail to state a claim upon which relief may be granted; or (2) seek monetary relief from a defendant who is immune from such relief. See 28 U.S.C. § 1915A(b). A claim is frivolous if “it lacks an arguable basis either in law or fact.” Neitzke v. Williams, 490 U.S. 319, 325 (1989). A claim fails to state a claim upon which relief may be granted if it does not allege “enough facts to state a claim to relief that is plausible on its face.” Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570 (2007). A pro se complaint, moreover, is to be given liberal construction, meaning “that if the essence of an allegation is discernable, even though it is not pleaded with legal nicety, then the district court should construe the complaint in a way that permits the layperson’s claim to be considered within the proper legal framework.” Stone v. Harry, 364 F.3d 912, 915 (8th Cir. 2004). However, “they still must allege sufficient facts to support the claims advanced.” Id. at 914 (citing Dunn v. White, 880 F.2d 1188, 1197 (10th Cir. 1989)). DISCUSSION Plaintiff brings his claims pursuant to 42 U.S.C. § 1983. To state a claim under 42 U.S.C. Case 4:24-cv-04102-SOH Document 12 Filed 01/06/25 Page 6 of 20 PageID #: <pageID>
7 § 1983, “a plaintiff must allege a violation of a constitutional right committed by a person acting under color of state law.” Andrews v. City of West Branch, Iowa, 454 F.3d 914, 918 (8th Cir. 2006). Further, “[p]ublic servants may be sued under section 1983 in either their official capacity, their individual capacity, or both.” Johnson v. Outboard Marine Corp., 172 F.3d 531, 535 (8th Cir. 1999) (citing Murphy v. Arkansas, 127 F.3d 750, 754 (8th Cir. 1997)). A. Official Capacity Claims “Claims against government actors in their individual capacities differ from those in their official capacities as to the type of conduct that is actionable and as to the type of defense that is available.” Gorman v. Bartch, 152 F.3d 907, 914 (8th Cir. 1998) (citing Hafer v. Melo, 502 U.S. 21 (1991)). “A suit against a government official in his or her official capacity is another way of pleading an action against an entity of which an officer is an agent.” Baker v. Chisom, 501 F.3d 920, 925 (8th Cir. 2007) (citing Monell v. Dep’t of Social Services, 436 U.S. 658, 690 n.55 (1978)). Here, Plaintiff identifies Disciplinary Hearing Committee (“DHC”), an entity, as a defendant to this action. It is well-established, however, that the Eleventh Amendment bars claims against states and their entities. Murphy v. State of Ark., 127 F.3d 750, 754 (8th Cir. 1997) (citing Quern v. Jordan, 440 U.S. 332 (1979)). Defendant “DHC Court” is therefore immune from suit and should be dismissed from this action on that basis. Further, of the remaining defendants, each is alleged to be an agent of the State of Arkansas. (ECF No. 11). “Neither a state nor its officials acting in their official capacities are ‘persons’ under § 1983” when sued for money damages. Will v. Mich. Dep’t of State Police, 491 U.S. 58, 71 (1989). Plaintiff’s official capacity claims against individual state officials for money damages should therefore be dismissed. Case 4:24-cv-04102-SOH Document 12 Filed 01/06/25 Page 7 of 20 PageID #: <pageID>
8 Thus, in sum, this Court recommends that Plaintiff’s claims against DHC Court, and his claims against the individual defendants in their official capacities for money damages be dismissed without prejudice. This Court now turns to Plaintiff’s six claims against the remaining defendants. A. Claim 1 The only remaining defendant with respect to claim one is Warden Miners (SWACCC). (ECF No. 11, p. 4). Warden Miners is identified as a defendant in his individual and official capacities. Id., p. 5. i. Constitutional Violations As a threshold matter, claim one includes a wide-ranging list of grievances, including allegations that prison officials read his mail from this Court, and violated SWACCC policies and grievances. Such allegations, however, do not constitute plausible constitutional violations. First, “privileged prisoner mail, that is mail to or from an inmate’s attorney and identified as such, may not be opened for inspections for contraband except in the presence of the prisoner.” Beaulieu v. Ludeman, 690 F.3d 1017, 1037 (8th Cir. 2012) (quoting Gardner v. Howard, 109 F.3d 427, 430 (8th Cir. 1997)). Here, Plaintiff does not allege that his legal mail was read outside of his presence. (ECF No. 11, p. 6). Even if he did, mail from this Court does not constitute privileged legal mail. Accordingly, Plaintiff has failed to assert a plausible constitutional violation against prison officials for reading his mail from this Court. Second, to the extent that Plaintiff claims that the defendants violated his constitutional rights by failing to provide him access to the prison’s grievance forms, such a claim also fails as a matter of law. See Buckley v. Barlow, 997 F.2d 494, 495 (8th Cir. 1993) (no constitutional right Case 4:24-cv-04102-SOH Document 12 Filed 01/06/25 Page 8 of 20 PageID #: <pageID>
9 to process grievances). Similarly, a violation of prison policy, by itself, does not constitute a constitutional violation. See Gardner, 109 F.3d at 430. Accordingly, Plaintiff’s claims alleging that prison officials opened his mail from this Court, and that prison official violated prison policies and grievances procedures should be dismissed.5 This Court now turns to Plaintiff’s remaining claims against Defendant Miners with respect to claim one. ii. Individual Capacity Claims To establish liability against officials in their individual capacity, “the plaintiff must show that the official, acting under color of state law caused the deprivation of a federal right.” Handt v. Lynch, 681 F.3d 939, 943 (8th Cir. 2012) (citing Graham, 473 U.S. at 166) (emphasis added); see also Mayorga v. Missouri, 442 F.3d 1128, 1132 (8th Cir. 2006) (“Liability under § 1983 requires a causal link to, and direct responsibility for, the deprivation of rights.”). Put differently, “government officials are personally liable only for their own misconduct.” S.M. v. Krigbaum, 808 F.3d 335, 340 (8th Cir. 2015). Respondeat superior—the theory that a supervisor is responsible for the torts of his subordinates—is not a basis for liability under 42 U.S.C. § 1983. Keeper v. King, 130 F.3d 1309, 1314 (8th Cir. 1997) (quoting Kulow v. Nix, 28 F.3d 855, 858 (8th Cir. 1994)). Instead, for a supervisor to be liable under § 1983 on a theory of “failure to supervise or failure to train,” the plaintiff must show that the supervisor “(1) received notice of a pattern of unconstitutional acts committed by a subordinate, and (2) was deliberately indifferent to or authorized those acts.” S.M., 808 F.3d at 340. Here, Plaintiff asserts no facts suggesting that Defendant Miners was personally responsible for exposing him to any of the conditions alleged in claim one, including freezing cold 5 Notably, Plaintiff repeats this allegation in claim five. See (ECF No. 11, p. 23). Case 4:24-cv-04102-SOH Document 12 Filed 01/06/25 Page 9 of 20 PageID #: <pageID>
10 showers, freezing cold floors, asbestos, and mold. Similarly, Plaintiff does not claim that Defendant Miners was personally involved in any of the decisions to place him in segregation, and he does not assert that Defendant Miners was responsible for providing him with constitutionally adequate medical care for his UTI. While Plaintiff claims that the “conduct of Warden is so closely related to the resulting injuries that it can be said to have caused it, or have been its proximate cause,” (ECF No. 11, p. 8), such allegations are wholly conclusory. As such, they are not presumed true for the purposes of determining whether Plaintiff has established a plausible claim for relief. See Iqbal, 556 U.S. at 680-81 (the court considers nonconclusory allegations in determining whether plaintiff has established a plausible claim for relief). Similarly, Plaintiff has failed to assert a plausible cause of action against Defendant Miners for failure to supervise or train his subordinates. While Plaintiff claims that he told Defendant Miners about his safety concerns and described to him how he was being treated by staff, (ECF No. 11, p. 5), he asserts no facts suggesting that Defendant Miners was on notice of a pattern of similar conduct by his subordinates. See Livers v. Schenck, 700 F.3d 340, 356 (8th Cir. 2012) (“To impose supervisory liability, other misconduct must be very similar to the conduct giving rise to liability.”). Further, Plaintiff asserts no facts establishing that Defendant Miners acted with deliberate indifference to his rights. “Deliberate indifference is a subjective standard that entails a level of culpability equal to the criminal law definition of recklessness.” S.M., 808 F.3d at 341 (internal quotations and citations omitted). “Plaintiff[] must prove [defendant] personally knew of the constitutional risk posed by [his] inadequate training or supervision of [the defendant’s subordinate.” Id. Here, Plaintiff asserts no such facts. Accordingly, Plaintiff’s individual Case 4:24-cv-04102-SOH Document 12 Filed 01/06/25 Page 10 of 20 PageID #: <pageID>
11 capacity claims against Defendant Miners should be dismissed for failure to state a claim upon which relief may be granted. iii. Official Capacity Claims This leaves Plaintiff’s official capacity claims against Defendant Miners. State officials may be sued in their official capacities for prospective injunctive relief. Ex parte Young, 209 U.S. 123, 157-60 (1908); Fond du Lac Band of Chippewa Indians v. Carlson, 68 F.3d 253, 255 (8th Cir. 1995) (“Ex parte Young recognized that suits may be brought in federal court against state officials in their official capacities for prospective injunctive relief to prevent future violations of federal law.”). In determining whether the plaintiff is requesting prospective, injunctive relief, a court conducts a straightforward inquiry into whether [the] complaint alleges an ongoing violation of federal law and seeks relief properly characterized as prospective.” 281 Care Committee v. Arneson, 638 F.3d 621, 632 (8th Cir. 2011) (internal quotation marks and citation omitted). In this case, Plaintiff claims that he has been exposed to black mold, asbestos, dirty dishes, cockroaches, cold showers and cold floors, was refused toilet paper, and one time he was denied medical care. He also claims that he was placed in segregation several times without sufficient cause and that the conditions of isolation violated his constitutional rights. Most of these conditions, however, cannot reasonably be construed as “ongoing” violations—Plaintiff is not in isolation and thus not currently subject to the conditions of isolation, he does not claim that he continues to be denied medical care for a UTI, and he does not assert that he continues to be denied toilet paper (only that he was denied toilet paper twice in the past). Accordingly, recognizing that pro se pleadings are to be liberally construed, for the limited purpose of preservice review pursuant to 28 U.S.C. § 1915A(a), this Court recommends that Plaintiff’s official capacity claim against Case 4:24-cv-04102-SOH Document 12 Filed 01/06/25 Page 11 of 20 PageID #: <pageID>
12 Defendant Miners for Plaintiff’s purportedly ongoing exposure to mold, asbestos, and a “bug infestation” proceed and that all other claims with respect to claim one be dismissed without prejudice. B. Claim Two Regarding claim two, having recommended dismissal of Plaintiff’s claims against DHC, only Plaintiff’s claims against Major Vicki Walker, and Warden Miners in their individual and official capacities for prospective injunctive relief remain pending. i. Individual Capacity Claims With respect to Defendant Miners, here, again, there are no allegations that Defendant Miners was directly involved in the events that gave rise to his disciplinary proceedings or the disciplinary proceedings themselves. (ECF No. 11, pp. 10-13). Rather, as the Court understands it, Plaintiff seeks to establish liability against Defendant Miners for failing to properly supervise or train Defendant Walker. Plaintiff claims, for example, that “Major Walker has been on discipline leave, violations, and reports in the past (as a counselor) of her employment at SWACCC.” (ECF No. 11, p. 11). But recall that to impose supervisory liability, the “other misconduct must be very similar to the conduct giving rise to liability.” Livers, 700 F.3d at 356. Plaintiff asserts no facts establishing that Defendant Walker’s prior discipline involved similar conduct as alleged here—namely, retaliating against inmates for exercising their First Amendment rights by issuing a disciplinary violation. Further, while Plaintiff alleges that Defendant Miners was “callously indifferent” to him, such an allegation is wholly conclusory. Accordingly, Plaintiff’s claim two against Defendant Miners in his individual capacity should be dismissed without prejudice for failure to state a claim upon which relief may be granted. Case 4:24-cv-04102-SOH Document 12 Filed 01/06/25 Page 12 of 20 PageID #: <pageID>
13 With respect to Plaintiff’s individual capacity claim against Defendant Walker, as the Court understands it, Plaintiff claims that Defendant Walker retaliated against him for exercising his First Amendment right to free speech by ordering that he be placed in segregation without just cause and that he was housed in segregation without due process. Plaintiff also claims that he was subject to 24-hour lockdown without one hour to exercise, access the phones, or shower. (ECF No. 11, p. 14). The Fourteenth Amendment Due Process Clause “protects persons against deprivations of life, liberty, or property; and those who seek to invoke its procedural protection must establish that one of these interests is at stake.” Wilkinson v. Austin, 545 U.S. 209, 221 (2005). The Constitution itself “does not give rise to a liberty interest in avoiding transfer to more adverse conditions of confinement.” Id. (citing Meachum v. Fano, 427 U.S. 215, 225 (1976)). But “a liberty interest in avoiding particular conditions of confinement may arise from state policies or regulations, subject to the important limitations set forth in Sandin v. Connor, 515 U.S. 472 (1995).” Id. at 222. Indeed, after Sandin, the inquiry into “the existence of a protected, state- created liberty interest in avoiding restrictive conditions of confinement [is] the nature of those conditions themselves ‘in relation to the ordinary incidents of prison life.’” Id. at 223 (quoting Sandin, 515 U.S. at 484). In this case, Plaintiff says that when he was in segregation, he was subjected to “lockdown” conditions all day and not provided any time to exercise, shower, or make phone calls. (ECF No. 11, p. 11). See Sanders v. Norris, 153 F. App’x 403, 405 (8th Cir. 2005) (explaining that “in certain circumstances, an inmate transferred to and held indefinitely in a maximum security environment may enjoy certain due process protections”) (citing Wilkinson, Case 4:24-cv-04102-SOH Document 12 Filed 01/06/25 Page 13 of 20 PageID #: <pageID>
14 545 U.S. 209)).6 Further, the Eighth Circuit has recognized that while “the filing of a false disciplinary charge is not itself actionable under § 1983, the filing of a disciplinary charge becomes actionable if done in retaliation for the inmate’s filing of a grievance.” Dixon v. Brown, 38 F.3d 379, 379 (8th Cir. 1994). Here, even though Plaintiff does not assert that Defendant Walker retaliated against him for filing a grievance, he claims that Defendant Walker retaliated against him for telling her that he does not clean other people’s floors. Accordingly, for the limited purpose of preservice review pursuant to 28 U.S.C. § 1915A(a), this Court recommends that Plaintiff’s individual capacity claims against Defendant Walker (claim two) proceed. To the extent, however, that Plaintiff also contends that the conditions of his confinement while in lockdown violated his constitutional rights, he fails to assert any facts establishing that Defendant Walker was personally responsible for those conditions. Accordingly, this claim should also be dismissed without prejudice. ii. Official Capacity Claims With respect to claim two, Plaintiff identifies Defendants Walker and Miners as defendants in their official capacities and he requests injunctive relief. See (ECF No. 11, p. 18). But only prospective, injunctive relief is available to plaintiffs who assert claims against state officials in their official capacities. See Ex parte Young, 209 U.S. at 157-60. Plaintiff, therefore, cannot obtain retroactive relief for an incident that occurred in June 2024. Plaintiff, moreover, cannot obtain prospective, injunctive relief for the conditions of his confinement in isolation following 6 Plaintiff claims that while he was in segregation, he requested, but did not receive, grievances and complaint forms. (ECF No. 11, p. 11). Here, again, for the reasons described above, such a claim does not establish a plausible constitutional violation. Case 4:24-cv-04102-SOH Document 12 Filed 01/06/25 Page 14 of 20 PageID #: <pageID>
15 the June 2024, because he is no longer subject to those conditions. Plaintiff’s official capacity claims against Defendants Walker and Miners should therefore be dismissed. C. Claim Three As to claim three, Plaintiff’s claims against Defendants Lieutenant Sharita Dedmon and Warden Miners in their individual capacities for money damages and in their official capacities for prospective, injunctive relief remain pending. Here, again, while Plaintiff alleges that on August 24, 2024, Defendant Dedmon ordered him to be placed in segregation without cause and without due process of law, he asserts no facts alleging that Defendant Miners was personally involved in the decision to place in him segregation or the conditions of segregation. Further, to the extent that Plaintiff claims that Defendant Miners failed to adequately supervise or train Defendant Dedmon, he asserts no facts establishing that Defendant Miners was on notice of Defendant Dedmon’s purportedly unconstitutional conduct, or that there was a pattern of Defendant Dedmon engaging in such conduct. Accordingly, Plaintiff’s individual capacity claim against Defendant Miners should be dismissed. Similarly, to the extent that Plaintiff asserts that the conditions of lockdown violated his constitutional rights, he asserts no facts establishing that either Defendant Miners or Defendant Dedmon was personally responsible for those conditions. Such claims should therefore also be dismissed. Plaintiff also claims that Defendant Dedmon violated his rights by placing him in segregation without due process of law. For the limited purposes of preservice review pursuant to 28 U.S.C. § 1915A(a), this Court recommends that this claim proceed. D. Claim Four Turning now to claim four, Plaintiff says that John and Jane Doe medical staff and Warden Case 4:24-cv-04102-SOH Document 12 Filed 01/06/25 Page 15 of 20 PageID #: <pageID>
16 Miners (SWACC) denied him constitutionally adequate medical care. (ECF No. 11, p. 19). Deliberate indifference to an inmate’s serious medical needs violates the Eighth Amendment. See Jolly v. Knudsen, 205 F.3d 1094, 1096 (8th Cir. 2000). Deliberate indifference includes an objective and subjective component: “The plaintiff must demonstrate (1) that he suffered from objectively serious medical needs and (2) that prison officials actually knew of but deliberately disregarded those needs.” Id. (quoting Dulany v. Carnahan, 132 F.3d 1234, 1239 (8th Cir. 1997)) (cleaned up). Here, Plaintiff’s medical claim does not pass the objective component. Under this prong, “[a] medical need is objectively serious if it either has been ‘diagnosed by a physician as requiring treatment’ or is ‘so obvious that even a layperson would easily recognize the necessity for a doctor’s attention.” Scott v. Benson, 742 F.3d 335, 340 (8th Cir. 2014). Courts “determine whether an objectively serious medical need exists based on the attendant circumstances, irrespective of what the officer believes the cause to be.” Barton v. Taber, 820 F.3d 958, 965 (8th Cir. 2016) (listing cases). In this case, Plaintiff fails to describe any facts about his condition, whether, for example, he had been receiving treatment for a UTI prior to his incarceration, or what (if any) symptoms he was experiencing that would make it obvious to a layperson, such as a prison official, that he required medical attention. Plaintiff’s claim four—alleging a failure to provide constitutionally adequate medical care for his UTI—should therefore be dismissed. E. Claim Five Plaintiff asserts that on June 11, 2024, July 9, 2024, August 28, 2024, September 5, 2024, and October 31, 2024, he was subjected to unconstitutional conditions of confinement when he Case 4:24-cv-04102-SOH Document 12 Filed 01/06/25 Page 16 of 20 PageID #: <pageID>
17 was housed in segregation. Upon review, claim five appears to repeat many of the same factual assertions Plaintiff alleges in claims one (1) through three (3) and six (6). Specifically, he again claims that he was placed on lockdown for 24 hours each day without access to a shower, exercise, or the phones. (ECF No. 11, p. 22). Plaintiff identifies Defendants DHC (Disciplinary Hearing Committee), John and Jane Doe, and Warden Miners (SWACCC) as defendants in their individual and official capacities. As noted above, the claims against DHC should be dismissed without prejudice on sovereign immunity grounds. With respect to the remaining defendants, Plaintiff fails to assert how Defendant Miners or the John and Jane Doe defendants were personally involved in or responsible for the conditions of segregation. While Plaintiff identifies “John and Jane Does” as defendants to this claim, the factual basis for his claim includes no allegations about what each John or Jane Doe defendant did (or failed to do) in violation of his constitutional rights. (ECF No. 11, pp. 22-26). Plaintiff’s individual capacity claims against Defendant Miners and the John and Jane Does should therefore be dismissed. Here, again, while Plaintiff also identifies the defendants in their official capacities, he asserts no “ongoing violation of federal law.” See 281 Care Committee, 638 F.3d at 632. Instead, Plaintiff requests relief for past violations. Accordingly, Plaintiff’s official capacity claims for prospective, injunctive relief should similarly be dismissed. F. Claim Six Turning, finally, to claim six, Plaintiff identifies “Tina Hodge (SOD) staff/supervisor over discipline and Warden Miners” as defendants in their individual and official capacities. (ECF No. 11, p. 27). With respect to this claim, Plaintiff asserts that Defendant Hodge retaliated against Case 4:24-cv-04102-SOH Document 12 Filed 01/06/25 Page 17 of 20 PageID #: <pageID>
18 him for filing lawsuits by placing him in lockdown on October 24, 2024. Id. Plaintiff says that while he was in segregation, there were “ants and feces” in his cell. Id., p. 28. Here, again, Plaintiff fails to assert any facts establishing that Defendant Miners was personally involved in the decision to place him in segregation, or the conditions of segregation. To the extent that Plaintiff claims that Defendant Miners failed to properly supervise or train Defendant Hodge, Plaintiff has asserted no facts establishing that Defendant Miners was on notice of Defendant Hodge’s purportedly unconstitutional conduct or that Defendant Hodge had engaged in a pattern of similar unconstitutional conduct. Accordingly, Plaintiff’s individual capacity claim against Defendant Miners should fail as a matter of law. For the limited purposes of preservice review pursuant to 28 U.S.C. § 1915A(a), however, this Court recommends that Plaintiff’s individual capacity claims against Defendant Hodge for purportedly retaliating against Plaintiff by placing him in lockdown on October 24, 2024, without due process of law proceed. This leaves Plaintiff’s official capacity claims. Recall that, with respect to these claims, Plaintiff is only entitled to prospective, injunctive relief. Here, again, however, Plaintiff is requesting relief for a past violation of his constitutional rights, he does not claim an ongoing violation of his constitutional rights. Indeed, he does not assert that he remains subject to the conditions of segregation. Plaintiff’s official capacity claims with respect to claim six, therefore, should also be dismissed without prejudice. IV. CONCLUSION In sum, having reviewed Plaintiff’s complaint pursuant to 28 U.S.C. § 1915A, this Court recommends that: Case 4:24-cv-04102-SOH Document 12 Filed 01/06/25 Page 18 of 20 PageID #: <pageID>
19 (1) Plaintiff’s claims against DHC be DISMISSED WITHOUT PREJUDICE. (2) Plaintiff’s official capacity claims for money damages be DISMISSED WITHOUT PREJUDICE. (3) Plaintiff’s official capacity claim against Defendant Miners for the purportedly unconstitutional conditions of SWACCC, specifically Plaintiff’s exposure to black mold, asbestos, and a bug infestation (claim one) PROCEED. (4) All other claims with respect to claim one be DISMISSED WITHOUT PREJUDICE. (5) Plaintiff’s individual capacity claim against Defendant Walker for placing him in lockdown on June 7, 2024, without due process of law (claim two) PROCEED. (6) Plaintiff’s individual capacity claim against Defendant Walker for retaliating against him by placing him on lockdown on June 7, 2024, (claim two) PROCEED. (7) All other claims with respect to claim two be DISMISSED WITHOUT PREJUDICE. (8) Plaintiff’s individual capacity claim against Defendant Dedmon for retaliating against him by placing him on lockdown on August 24, 2024, (claim three), should PROCEED. (9) Plaintiff’s individual capacity claim against Defendant Dedmon for placing him in lockdown without due process of law on August 24, 2024, (claim three), should PROCEED. (10) Plaintiff’s claim four—alleging a failure to provide constitutional adequate medical care—should be DISMISSED WITHOUT PREJUDICE. (11) Plaintiff’s claim five—alleging that the conditions of his confinement while housed in lockdown violated his constitutional rights—should be DISMISSED WITHOUT PREJUDICE. Case 4:24-cv-04102-SOH Document 12 Filed 01/06/25 Page 19 of 20 PageID #: <pageID>
20 (12) Plaintiff’s claim against Defendant Hodge in her individual capacity for retaliating against him by placing him in segregation on October 24, 2024, without due process of law (claim six) should PROCEED. (13) All other claims with respect to claim six should be DISMISSED WITHOUT PREJUDICE, including Plaintiff’s official capacity claims and the claims against Defendant Miners. The parties have fourteen (14) days from receipt of the Report and Recommendation in which to file written objections pursuant to 28 U.S.C. § 636(b)(1). The failure to file timely objections may result in waiver of the right to appeal questions of fact. The parties are reminded that objections must be both timely and specific to trigger de novo review by the district court. DATED this 6th day of January 2025. STATUS OF REFERRAL: Remains referred consistent with this Report and Recommendation. /s/ Christy Comstock CHRISTY COMSTOCK UNITED STATES MAGISTRATE JUDGE Case 4:24-cv-04102-SOH Document 12 Filed 01/06/25 Page 20 of 20 PageID #: <pageID>
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