Callahan v. Ozark Surgical et al

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IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
FAYETTEVILLE DIVISION
PHILLIP CALLAHAN 	PLAINTIFF
v. 	Civil No. 5:25-cv-05258
OZARK SURGICAL; DR. HOUDAT;
JANE DOE; and JOHN DOE 	DEFENDANTS
MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION
This is a civil rights action filed pursuant to 42 U.S.C. § 1983. Pursuant to the provisions
of 28 U.S.C. § 636(b)(1) and (3), the Honorable Timothy L. Brooks, Chief United States District
Judge, 	referred 	this 	case 	to 	the 	undersigned 	for 	the 	purpose 	of 	making 	a 	Report 	and
Recommendation. 	The case is before the Court for preservice screening pursuant to 28 U.S.C.
§ 1915A.1 Under § 1915A, the Court is required to screen any complaint in which a prisoner seeks
redress from a governmental entity or officer or employee of a governmental entity. 28 U.S.C.
§ 1915A(a). 	For the reasons given below, the undersigned recommends that this case be
DISMISSED WITHOUT PREJUDICE.
I. BACKGROUND
Plaintiff Phillip Callahan is currently incarcerated at Washington County Detention Center.
On December 10, 2025, he filed his Complaint in this matter, alleging that on December 28, 2022,
he had surgery to repair a hernia. See ECF No. 1, p. 4. He says that the mesh from this surgery
has come undone and is causing him numbness and intense pain, and is injuring organs and tissue
in the surgical area. See id. at 4–5. As defendants he has named only the doctor who performed
1 Enacted as part of the Prison Litigation Reform Act (“PLRA”).
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the surgery, the nurse and anesthesiologist who assisted the doctor in that surgery, and the medical
center where the surgery was performed. See id. at 2–4.
II. LEGAL STANDARD
Under § 1915A, the Court is obliged to screen the case prior to service of process being
issued. 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) seeks
monetary relief from a defendant who is immune from such relief. 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). An action is malicious when the allegations are known to be false, or
it is undertaken for the purpose of harassing or disparaging the named defendants rather than to
vindicate a cognizable right. 	Spencer v. Rhodes, 656 F. Supp. 458, 464 (E.D.N.C. 1987); In re
Tyler, 839 F.2d 1290, 1293-94 (8th Cir. 1988). 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).
“In evaluating whether a pro se plaintiff has asserted sufficient facts to state a claim, we
hold ‘a pro se complaint, however inartfully pleaded . . . to less stringent standards than formal
pleadings drafted by lawyers.’” 	Jackson v. Nixon, 747 F.3d 537, 541 (8th Cir. 2014) (quoting
Erickson v. Pardus, 551 U.S. 89, 94 (2007)). This means “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.” 	Jackson, 747 F.3d at 544 (cleaned up). 	However, the complaint must still allege
specific facts sufficient to support a claim. Martin v. Sargent, 780 F.2d 1334, 1337 (8th Cir. 1985).
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III. ANALYSIS
Section 1983 was enacted to provide a “broad remedy for violations of federally protected
civil rights.” Monell v. Dep’t of Soc. Servs., 436 U.S. 658, 685 (1978). To assert a claim under
§ 1983, a plaintiff must allege two elements: (1) that the action occurred under color of law; and
(2) that the action is a deprivation of a right secured by the Constitution or laws of the United
States. See West v. Atkins, 487 U.S. 42, 48 (1988); Dunham v. Wadley, 195 F.3d 1007, 1009 (8th
Cir. 1999). However, Plaintiff’s Complaint does not allege any facts connecting his injuries with
any governmental employees or entities. For example, Plaintiff does not allege that he is currently
being denied treatment for his injuries, or that his injuries were caused by any actions taken by
anyone at the institution where he is currently incarcerated. 	In other words, Plaintiff has not
alleged that his injuries were caused by any action occurring under color of law. Therefore, his
Complaint fails to state a claim upon which relief may be granted under 42 U.S.C. § 1983.
Rather, Plaintiff’s claims appear to be more in the vein of an ordinary medical malpractice
lawsuit against nongovernmental individuals and entities. The undersigned expresses no opinion
on whether such a claim may be viable, other than to note that on the facts currently alleged there
is no basis for concluding that this Court has jurisdiction to hear such a claim, as it arises under
Arkansas law rather than federal law, see 28 U.S.C. § 1331, and appears to be between citizens
who are all residents of the same state (Arkansas), see 28 U.S.C. § 1332(a).
IV. CONCLUSION
Accordingly, it is recommended that Plaintiff’s Complaint (ECF No. 1) be DISMISSED
WITHOUT PREJUDICE for failure to state a claim upon which relief may be granted or,
alternatively, for lack of subject-matter jurisdiction.
The parties have fourteen 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
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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 February 2026.
/s/ Christy Comstock
HON. CHRISTY COMSTOCK
UNITED STATES MAGISTRATE JUDGE
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