4:24-cv-04051•Smith v. McClean et al
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1 IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS TEXARKANA DIVISION CURTIS WAYNE SMITH, JR PLAINTIFF v. Civil No. 4:24-cv-04051-SOH-BAB DOCTOR JOAN MCCLEAN; TODD TALLANT; DOE BADGE NUMBER 11-6; and JANA TALLANT DEFENDANTS REPORT AND RECOMMENDATION Plaintiff, Curtis Wayne Smith, Jr., currently an inmate of the Arkansas Division of Corrections North Central Unit, filed this action pursuant to 42 U.S.C. § 1983. Plaintiff proceeds pro se and in forma pauperis. 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 under the provisions of 28 U.S.C. § 1915A(a). Pursuant to § 1915A(a), the Court has the obligation to screen any complaint in which a prisoner seeks redress from a governmental entity or officer or employee of a governmental entity. I. BACKGROUND Plaintiff filed his original Complaint on April 26, 2024. (ECF No. 1). The Court provisionally filed Plaintiff’s Complaint and ordered him to submit a completed Application for Leave to Proceed in forma pauperis (“IFP Application”). (ECF No. 2). Plaintiff filed his IFP Case 4:24-cv-04051-SOH Document 7 Filed 07/10/24 Page 1 of 7 PageID #: <pageID>
2 Application on June 11, 2024 and the Court granted it on June 12, 2024. (ECF No. 5). Plaintiff was a convicted inmate housed in the Howard County Detention Center (“HCDC”) at all times relevant to his claims. (ECF No. 1). In his Complaint Plaintiff lists three claims against the four Defendants, however, all three of these claims are simply different iterations of the same set of facts and allegations. Plaintiff claims the Defendants denied him medical care and exposed him to unconstitutional conditions of confinement in violation of his constitutional rights. Specifically, Plaintiff alleges he was involved in an altercation with another inmate in September 2023 in which he hurt his hand and got the other inmate’s blood in his mouth. (ECF No. 1, pp. 4-8). Plaintiff claims he requested medical care in the form of x-rays and blood tests. Id. at 6-7. However, Plaintiff did not receive his blood test for one week. Id. at 7. Plaintiff makes no allegations he suffered any injury from this one-week delay. Instead, Plaintiff states “even though I didn’t get a blood virus/or disease it was a possibility . . .” Id. at 9. Plaintiff makes no allegations regarding his hand other than stating he requested an x-ray. He does not claim any actual injury to his hand. (ECF No. 1). Plaintiff also makes an official capacity claim but only reasserts his individual capacity claims, and alleges the Defendants failed to follow the policy of the HCDC. Specifically, Plaintiff claims it was against policy to not provide him with medical care immediately and to require him to submit a medical request, and that it was against policy for Defendant Tallant and Doe officer to wear their sidearms inside the jail. (ECF No. 1). As relief, Plaintiff seeks compensatory damages and for all of his fines to be satisfied. Id. at 9. Case 4:24-cv-04051-SOH Document 7 Filed 07/10/24 Page 2 of 7 PageID #: <pageID>
3 II. APPLICABLE STANDARD Pursuant to the Prison Litigation Reform Act (“PLRA”), 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. 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. In re Tyler, 839 F.2d 1290, 1293-94 (8th Cir. 1988); Spencer v. Rhodes, 656 F. Supp. 458, 464 (E.D.N.C. 1987). 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); Fed. R. Civ. P. 8. To state a claim under 42 U.S.C. § 1983, Plaintiff must allege that the Defendants acted under color of state law, and that the actor violated a right, privilege, or immunity secured by the Constitution. West v. Atkins, 487 U.S. 42, 48 (1988); Dunham v. Wadley, 195 F.3d 1007, 1009 (8th Cir. 1999). Furthermore, the deprivation must be intentional; mere negligence will not suffice to state a claim for deprivation of a constitutional right under Section 1983. Daniels v. Williams, 474 U.S. 327 (1986); Davidson v. Cannon, 474 U.S. 344 (1986). Lastly, Defendants must have been personally involved and caused the violation alleged. “Liability under section 1983 requires a causal link to, and direct responsibility for, the deprivation of rights. To establish personal liability of the supervisory defendants, [Plaintiff] must allege specific facts of personal involvement in, or direct responsibility for, a deprivation of his constitutional rights.” Clemmons v. Armontrout, 477 F.3d 962, 967 (8th Cir. 2007) (quoting Mayorga v. Missouri, 442 F.3d 1128, Case 4:24-cv-04051-SOH Document 7 Filed 07/10/24 Page 3 of 7 PageID #: <pageID>
4 1132 (8th Cir. 2006)). Plaintiff’s claims shall be dismissed for failure to state a claim if it appears beyond a doubt the Plaintiff’s complaint can prove no set of facts to support the plaintiff’s purported cause of action. See Schaller Tel. Co. v. Golden Sky Sys., Inc., 298 F.3d 736, 740 (8th Cir. 2001). “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)). However, even a pro se Plaintiff must allege specific facts sufficient to support a claim. Martin v. Sargent, 780 F.2d 1334, 1337 (8th Cir. 1985). III. DISCUSSION In prisoner litigation, courts in the Eighth Circuit analyze denial of medical care claims for pretrial detainees and convicted inmates both under the deliberate indifference standard of the Eighth Amendment. See e.g., Morris v. Cradduck, 954 F.3d 1055 (8th Cir. 2020) (pretrial detainee has the same rights to medical care under the Due Process Clause as an inmate has under the Eighth Amendment). To succeed on this type of claim, Plaintiff must demonstrate (1) that he had an objectively serious medical need, and (2) that the Defendants actually knew of, but deliberately disregarded, that serious medical need. See Ivey v. Audrain Cty., Mo., 968 F.3d 845, 848 (8th Cir. 2020). “A serious medical need is one that has been diagnosed by a physician as requiring treatment, or one that is so obvious that even a layperson would easily recognize the necessity for a doctor’s attention.” Coleman v. Rahija, 114 F.3d 778, 784 (8th Cir. 1997) (internal quotations omitted). “To demonstrate that a defendant actually knew of, but deliberately disregarded, a serious medical need, the plaintiff must establish a mental state akin to criminal recklessness: disregarding a known Case 4:24-cv-04051-SOH Document 7 Filed 07/10/24 Page 4 of 7 PageID #: <pageID>
5 risk to the [detainee’s] health.” Barton v. Taber, 908 F.3d 1119, 1124 (8th Cir. 2018) (internal quotations and citations omitted). The Eighth Circuit has stated that this “onerous standard requires a showing more than negligence, more than even gross negligence, but less than purposefully causing or knowingly bringing about a substantial risk of serious harm to the inmate.” Thompson v. King, 730 F.3d 742, 747 (8th Cir. 2013) (internal quotations and citations omitted). 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.” Estelle v. Gamble, 429 U.S. 97, 104–05 (1976). However, the “Constitution does not require jailers to handle every medical complaint as quickly as each inmate might wish.” Jenkins v. Cty. 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) (internal quotations 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 v. VonWald, 638 F.3d 905, 919 (8th Cir. 2011) (citing Roberson v. Bradshaw, 198 F.3d 645, 648 (8th Cir. 1999)); see also Boyd v. Knox, 47 F.3d 966, 969 (8th Cir. 1995) (holding a three-week delay, “coupled with knowledge of inmate-patient’s suffering, can support a finding of an Eighth Amendment violation”). Here, Plaintiff states he did in fact receive medical care one week after requesting it. (ECF No. 1, pp. 5, 7). Accordingly, his claim is for a delay of medical care rather than a denial of medical care. However, Plaintiff has failed to present any verifying medical evidence that the one-week delay in receiving care negatively impacted his prognosis in any way. Instead, Plaintiff states he did not contract any disease or illness from the other inmate’s blood in his mouth, and he Case 4:24-cv-04051-SOH Document 7 Filed 07/10/24 Page 5 of 7 PageID #: <pageID>
6 does not allege any negative prognosis regarding his hand. Accordingly, Plaintiff has failed to state a cognizable claim for delay of medical care. Next, while Plaintiff lists the term “conditions of confinement” in his Complaint, he does not allege any facts to support such a claim. Plaintiff also claims that Defendant Doe and Todd Tallant wore their sidearm into the HCDC and such action was against HCDC policy. This assertion also fails to state a cognizable constitutional violation claim. It is well settled that prisoners do not have a constitutional right to enforce compliance with internal prison rules or regulations. See Phillips v. Norris, 320 F.3d 844, 847 (8th Cir. 2003) (“there is no federal constitutional liberty interest in having ... prison officials follow prison regulations”); Gardner v. Howard, 109 F.3d 427, 430 (8th Cir. 1997) (“there is no § 1983 liability for violating prison policy”). Furthermore, Plaintiff has failed to allege any injury from either his denial of medical care claim or his purported conditions of confinement claim. The Prison Litigation Reform Act “PLRA” provides, in pertinent part, that “[n]o federal civil action may be brought by a prisoner … for mental or emotional injury … without a prior showing of physical injury.” 42 U.S.C. § 1997e(e). In Royal v. Kautzky, 375 F.3d 720, 723 (8th Cir. 2004), the Eighth Circuit concluded that Congress intended this provision of the PLRA to “limit [] recovery for mental or emotional injury in all federal actions brought by prisoners.” Lastly, all official capacity claims asserted by Plaintiff must fail as a matter of law. Without a cognizable constitutional violation alleged, there can be no official capacity claim against the employer. See Morris v. Cradduck, 954 F.3d 1055, 1060 (8th Cir. 2020); Sanders v. City of Minneapolis, Minn., 474 F.3d 523, 527 (8th Cir. 2007) (citing City of Los Angeles v. Heller, 475 U.S. 796, 799 (1986)). Case 4:24-cv-04051-SOH Document 7 Filed 07/10/24 Page 6 of 7 PageID #: <pageID>
7 IV. CONCLUSION For these reasons, it is recommended: this case be dismissed, without prejudice, pursuant to 28 U.S.C. § 1915A(b)(1) for failure to state a claim upon which relief may be granted. 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 10th day of July 2024. /s/ Barry A. Bryant HON. BARRY A. BRYANT UNITED STATES MAGISTRATE JUDGE Case 4:24-cv-04051-SOH Document 7 Filed 07/10/24 Page 7 of 7 PageID #: <pageID>
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