6:24-cv-06049•Horn v. Peterson et al
Gesamter Gesetzestext
1 IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS HOT SPRINGS DIVISION DUSTIN LEMUEL HORN PLAINTIFF v. Civil No. 6:24-cv-06049-SOH-MEF MRS. PETERSON (Kitchen Supervisor, Omega Unit); LIEUTENANT BENJAMIN MARTIN (Omega Unit); SERGEANT ANDERSON (Omega Unit); MAJOR SECURITY FREDDIE OTTS; WARDEN WALTER WHITE DEFENDANTS MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION This is a civil rights action filed under 42 U.S.C. § 1983. Pursuant to the provisions of 28 U.S.C. §§ 636(b)(1) and (3), the Honorable Susan O. Hickey, 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.0F 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). I. BACKGROUND Plaintiff filed his Complaint on April 10, 2024. (ECF No. 1). On April 24, 2024, the Court entered an Order denying Plaintiff’s Motion to Proceed in forma pauperis (“IFP”). (ECF No. 3). Plaintiff failed to submit his required filing fee by the deadline, instead submitting two premature discovery motions. (ECF Nos. 6, 7). The undersigned entered a Report and Recommendation to dismiss the case for failure to obey a Court Order and pay the filing fee in this case. (ECF No. 8). 1 Enacted as part of the Prison Litigation Reform Act (“PLRA”). Case 6:24-cv-06049-SOH Document 33 Filed 02/03/25 Page 1 of 8 PageID #: <pageID>
2 The Report and Recommendation was adopted on June 4, 2024, and Plaintiff’s case was dismissed without prejudice. (ECF No. 14). Plaintiff filed a Notice of Appeal on June 13, 2024. (ECF No. 15). On August 22, 2024, the Eighth Circuit reversed and remanded the case, noting that Plaintiff had submitted documents on appeal which indicated Plaintiff had attempted to pay and the failure to pay had been beyond his control. (ECF No. 19). On October 8, 2024, the Court entered an order directing Plaintiff to submit an Amended Complaint to address deficiencies in his initial Complaint. (ECF No. 31). Plaintiff submitted his Amended Complaint on October 17, 2024. (ECF No. 32). Plaintiff raises one claim in his Amended Complaint, centered on his incarceration in the Arkansas Division of Correction Omega Unit. He alleges that on March 24, 2024, he bit into a metal foreign object in his food. (Id. at 4). He alleges he showed the object to Defendants Anderson and Martin. (Id.). He also alleges he asked Anderson and Martin to take him to Medical because he had either broken or chipped1F 2 his tooth, and his mouth was bleeding. (Id. at 4-5). Plaintiff alleges Martin and Anderson contacted Medical, at which time they were informed that Plaintiff “had to put in a sick call.” (Id.). Plaintiff alleges he put in a sick call and filed a grievance because Martin and Anderson should have immediately escorted him to Medical because it was an emergency and his pain was obvious. (Id. at 5). Instead, he alleges they sent him back to the barracks without any medical treatment. (Id.). Plaintiff alleges he was treated “deliberately indifference than other Residents.” (Id.). Plaintiff does not identify these other residents. Plaintiff names Defendants Peterson, Martin, Anderson, White, and Otts for this claim. (Id. at 4). He does not name any medical staff. The Court also notes that the initial Complaint in this case was signed 2 Plaintiff uses both words to describe the injury to his tooth in different sections of the claim. Case 6:24-cv-06049-SOH Document 33 Filed 02/03/25 Page 2 of 8 PageID #: <pageID>
3 on March 24, 2024, thus Plaintiff apparently put in a sick call, filed a grievance, and started this case on the same day. (ECF No. 1 at 7). Plaintiff proceeds against Defendants in their official and individual capacities. (ECF No. 32 at 5). To support his official capacity claim, he alleges “all Defendants should have taken the situation serious instead of blowing me off!! Instead they coirced [sic] with one another and denied me medical treatment.” (Id.). Plaintiff seeks compensatory, punitive and other relief. (Id. at 6). He asks to be compensated for pain and suffering as well as being denied medical treatment. (Id.). He also asks that all taxes for the damages award be paid, as well as a donation of 10% of the award be sent to a children’s cancer organization of the judge’s choosing. (Id.). 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 Case 6:24-cv-06049-SOH Document 33 Filed 02/03/25 Page 3 of 8 PageID #: <pageID>
4 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). The complaint must still allege specific facts sufficient to support a claim. Martin v. Sargent, 780 F.2d 1334, 1337 (8th Cir. 1985). III. ANALYSIS A. Defendants Peterson, White and Otts Plaintiff’s individual capacity claims against these Defendants are subject to dismissal. “Liability under Section 1983 requires a causal link to, and direct responsibility for, the deprivation of rights.” Madewell v. Roberts, 909 F.2d 1203, 1208 (8th Cir. 1990) (citing Rizzo v. Goode, 423 U.S. 362, 370 (1976)). Thus, to state a cognizable Section 1983 claim, a complaint must set forth specific factual allegations showing what each named defendant allegedly did, or failed to do, that allegedly violated the plaintiff’s federal constitutional rights. Plaintiff has not alleged a causal link between any of these Defendants and his claims. See Martin, 780 F.2d 1337 (even a pro se Plaintiff must allege specific facts sufficient to state a claim). To the extent Plaintiff’s allegations could be inferred to state that kitchen supervisor Defendant Peterson was responsible for the piece of metal in his food, Plaintiff's allegation still fails to state a plausible personal capacity claim. “Constitutional standards require only that prison authorities provide an inmate with well-balanced meals, containing sufficient nutritional value to preserve health.” Berry v. Brady, 192 F.3d 504, 507 (5th Cir. 1999) (internal quotation marks and citation omitted). Case 6:24-cv-06049-SOH Document 33 Filed 02/03/25 Page 4 of 8 PageID #: <pageID>
5 An isolated incident involving a foreign object in the food does not state a claim of constitutional dimension. See e.g., Wishon v. Gammon, 978 F.2d 446, 449 (8th Cir. 1992) (prisoners have a right to nutritionally adequate food, but Wishon presented no evidence that the food he was served was nutritionally inadequate or prepared in a manner presenting an immediate danger to his health, or that his health suffered as a result of the food); Hamm v. DeKalb County, 774 F.2d 1567, 1572 (11th Cir. 1985) (“The fact that the food occasionally contains foreign objects ... does not amount to a constitutional deprivation”); Lunsford v. Reynolds, 376 F.Supp. 526, 527 (W.D. Va. 1974) (“The only contention concerning food which is detailed at all, is the inmates’ complaint that their food frequently contains insects. Nevertheless, occasional incidents of a foreign object contained in food, while regrettable, do not present a question of constitutional proportion”). Here, Plaintiff alleges only that there was a foreign object in his food on a single occasion. While it is regrettable that his mouth and tooth were injured, the incident does not rise to the level of a constitutional violation. B. Defendants Anderson and Martin Plaintiff alleges that Defendants Anderson and Martin denied him medical care when they followed the instructions of medical staff and returned him to the barracks to place a sick call. The Eighth Amendment prohibition of cruel and unusual punishment prohibits deliberate indifference to prisoners’ serious medical needs. Luckert v. Dodge County, 684 F.3d 808, 817 (8th Cir. 2012). To prevail on his Eighth Amendment claim, Plaintiff must prove that Defendants acted with deliberate indifference to his serious medical needs. Estelle v. Gamble, 429 U.S. 97, 106 (1976). The deliberate indifference standard includes “both an objective and a subjective component: ‘The [Plaintiff] must demonstrate (1) that [he] suffered [from] objectively serious Case 6:24-cv-06049-SOH Document 33 Filed 02/03/25 Page 5 of 8 PageID #: <pageID>
6 medical needs and (2) that the prison officials actually knew of but deliberately disregarded those needs.’” Jolly v. Knudsen, 205 F.3d 1094, 1096 (8th Cir. 2000) (quoting Dulany v. Carnahan, 132 F.3d 1234, 1239 (8th Cir. 1997)). To show that he suffered from an objectively serious medical need Plaintiff must show he “has been diagnosed by a physician as requiring treatment” or has an injury “that is so obvious that even a layperson would easily recognize the necessity for a doctor’s attention.” Schaub v. VonWald, 638 F.3d 905, 914 (8th Cir. 2011) (citation omitted). For the subjective prong of deliberate indifference, “the prisoner must show more than negligence, more even than gross negligence, and mere disagreement with treatment decisions does not give rise to the level of a constitutional violation.” Popoalii v. Correctional Med. Servs., 512 F.3d 488, 499 (8th Cir. 2008) (citation omitted). “Deliberate indifference is akin to criminal recklessness, which demands more than negligent misconduct.” Id. It is well settled that “[a] prisoner’s mere difference of opinion over matters of expert medical judgment or a course of medical treatment fail[s] to rise to the level of a constitutional violation.” Nelson v. Shuffman, 603 F.3d 439, 449 (8th Cir. 2010) (internal citation omitted). An “inmate must clear a substantial evidentiary threshold to show the prison’s medical staff deliberately disregarded the inmate’s needs by administering inadequate treatment.” Id. (internal citations omitted). Despite this, issues of fact exist when there is a question of whether medical staff exercised independent medical judgment, and whether the decisions made by medical staff fell so far below the reasonable standard of care as to constitute deliberate indifference. See Smith v. Jenkins, 919 F.2d 90, 93 (8th Cir. 1990). Deliberate indifference may also be manifested by “prison guards in intentionally denying or delaying access to medical care or intentionally interfering with the treatment once prescribed.” Case 6:24-cv-06049-SOH Document 33 Filed 02/03/25 Page 6 of 8 PageID #: <pageID>
7 Estelle, 429 U.S. at 104–05. However, the “Constitution does not require jailers to handle every medical complaint as quickly as each inmate might wish.” Jenkins v. County of Hennepin, Minn., 557 F.3d 628, 633 (8th Cir. 2009). “A prisoner alleging a delay in treatment must present verifying medical evidence that the prison officials ‘ignored an acute or escalating situation or that [these] delays adversely affected his prognosis[,]’” Holden v. Hirner, 663 F.3d 336, 342 (8th Cir. 2011) (citations omitted), unless the need for medical attention is obvious to a layperson, in which case the plaintiff need not submit verifying medical evidence to show the detrimental effects of delay. See Schaub, 638 F.3d at 919 (citing Roberson v. Bradshaw, 198 F.3d 645, 648 (8th Cir. 1999)); Aswegan v. Henry, 49 F.3d 461, 464 (8th Cir. 1995); cf. Boyd v. Knox, 47 F.3d 966, 969 (8th Cir. 1995) (“noting that a delay in treatment, coupled with knowledge that an inmate is suffering, can support a finding of an Eighth Amendment violation”). For the purposes of screening only, the Court will assume that Plaintiff’s chipped tooth and bleeding mouth meet the first prong of the deliberate indifference test. His allegations fail, however, to meet the second, subjective prong of the test. Nothing in Plaintiff’s allegations permit the inference that his dental issue was an acute and escalating situation. Instead, he alleges Defendant Anderson and Martin promptly contacted medical staff, who advised them that Plaintiff should submit a sick call. They then followed the advice of medical staff and returned him to his barracks to place that sick call. To the extent Plaintiff complains of the delay in medical care, he fails to allege that his prognosis for his tooth or mouth were adversely affected by any delay in the provision of medical care. The Court also notes that it is not possible to determine the extent of any delay because Plaintiff does not provide this information. See Martin, 780 F.2d at 1337 (a pro se plaintiff must still allege specific facts sufficient to support a claim.). Thus, Plaintiff fails to state a plausible personal capacity claim against Defendants Anderson and Martin. Case 6:24-cv-06049-SOH Document 33 Filed 02/03/25 Page 7 of 8 PageID #: <pageID>
8 C. Official Capacity Claims All Defendants are identified as employees of the Arkansas Division of Correction, a state agency. States and state agencies are not “persons” subject to suit under § 1983. Howlett v. Rose, 496 U.S. 356 (1990); Will v. Mich. Dept. of State Police, 491 U.S. 58 (1989); McLean v. Gordon, 548 F.3d 613, 618 (8th Cir. 2008). “This bar exists whether the relief sought is legal or equitable.” Williams v. Missouri, 973 F.2d 599, 599-600 (8th Cir. 1992) (citing Papasan v. Allain, 478 U.S. 265, 276 (1986)). “Congress did not abrogate constitutional sovereign immunity when enacting the law that was to become section 1983.” Burk v. Beene, 948 F.2d 489, 493 (8th Cir. 1991) (citing Quern v. Jordan, 440 U.S. 332, 342 (1979)). “A suit against state employees in their official capacities is the functional equivalent of a suit against the State.” Zajrael v. Harmon, 677 F.3d 353, 355 (8th Cir. 2013). As Defendants are all are employees of the Arkansas Division of Correction, Plaintiff’s official capacity claims against them are subject to dismissal. IV. CONCLUSION Accordingly, it is recommended that Plaintiff’s Amended Complaint (ECF No. 32) be DISMISSED WITHOUT PREJUDICE. 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 3rd day of February 2025. /s/ Mark E. Ford HON. MARK E. FORD UNITED STATES MAGISTRATE JUDGE Case 6:24-cv-06049-SOH Document 33 Filed 02/03/25 Page 8 of 8 PageID #: <pageID>
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