4:25-cv-04105•Pettit v. Walraven et al
Texte intégral
1 IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS TEXARKANA DIVISION JASON S. PETTIT PLAINTIFF v. Civil No. 4:25-cv-04105-SOH-SGS SHERIFF BOBBY WALRAVEN; JAIL ADMINISTRATOR GINA BUTLER; CORRECTION OFFICER WILLIE SEYMOUR DEFENDANTS MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION Plaintiff, Jason S. Pettit, currently an inmate of the Little River County Detention Center (hereinafter “LRCDC”), filed this action pursuant to 42 U.S.C. § 1983. Plaintiff proceeds pro se and in forma pauperis. The case was directly assigned to the undersigned Magistrate Judge. However, because not all parties to the action have consented to the jurisdiction of the undersigned, and at least some of Plaintiff’s claims require dismissal, the Court enters its findings as a Report and Recommendation, and the case will automatically be reassigned to Chief United States District Judge Susan O. Hickey. 28 U.S.C. § 636(c); Rule 73 of the Federal Rules of Civil Procedure, and General Order 2024-02. 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. Based on this review, for the reasons outlined below, the Court recommends Plaintiff’s Complaint be dismissed without prejudice. Case 4:25-cv-04105-SOH Document 6 Filed 02/17/26 Page 1 of 10 PageID #: <pageID>
2 I. BACKGROUND Plaintiff filed his original Complaint on December 31, 2025, along with an application to proceed in forma pauperis (“IFP”). The Court granted Plaintiff IFP status on the same day. (ECF No. 3). Plaintiff notes in his Complaint he is a convicted prisoner serving a sentence in the LRCDC during all times at issue here. Further, Plaintiff names three Defendants in his Complaint: (1) Bobby Walraven, Sheriff of Little River County; (2) Gina Butler, Jail Administrator of the LRCDC; and (3) Willie Seymour, Correctional Officer at the LRCDC. (ECF No. 1, pp. 2-3). Plaintiff then asserts two claims in his Complaint. In Claim One, Plaintiff claims Defendant Seymour violated his constitutional rights through the conditions of his confinement and by denying him medical care on “12-21 and 12-22.” (ECF No. 1, p. 4). Specifically, Plaintiff alleges: I was complaining of Rectal Bleeding and I was told I had to show the officers the blood in the toilet and on the tissue so I did on the day shift WAITED around 3 hours and shift changed and I asked why I havent been taken to hospital and night shift informed me I had to show them as well my back and stomach was severely aching and I said I had already showed Day Shift and I needed medical ATTENTION. Finally an hour later I was taken to the hospital and on the way officer Johnston said that his senior officer Willie Seymour said they were having my rectum examined by finger and camera and I said whatever the doctor says I need to do. The medical staff ran a CT scan with contrast and a CT scan of my spine without contrast . . . and while I was waiting on the results Seymour called Johnston 2 times and told him do not leave the hospital without the Doctor inserting a finger in my anus. Then another call was made from Johnston on my CT scan results and Seymour said did the doctor insert his finger in my anus (ass) Johnston said no they were waiting on the CT results After I was told by the ER Doctor that I had upset the arthritis in my back and was diagnosed with [diverticulitis] and we were waiting on meds to be put into my IV Seymour said again that the doctor needed to put his finger in my ass again! Then while I was gone Willie Seymour was in my Barracks after lights out talking about my medical history falsely to another inmate telling him he was making sure I got a finger stuck in my ass and laughing all loud about it. The discussing of false accounts of me lying to go to the hospital multiple times is wrong and telling the other inmates he was making sure the doctor stuck his finger in my ass is some kind of sexual perversion. Then the next night Dec 22 Willie Seymour was up in control and a different inmate was in the Case 4:25-cv-04105-SOH Document 6 Filed 02/17/26 Page 2 of 10 PageID #: <pageID>
3 hall taking meds and he said are you still sick to the other inmate you arent shitting blood like Pettit are you. That is Hippa violations and violates my pride and Injuries my self esteem. (ECF No. 1, pp.5-6) (errors in original). Plaintiff asserts this Claim One against Defendant Seymour in his individual capacity only. Id. at p. 5. In Claim Two, Plaintiff claims Defendants Walraven and Butler violated his constitutional rights through the conditions of his confinement on December 22-23, 2025. Specifically, Plaintiff asserts: After the whole incident on claim 1 and all of the officer Seymour calling repetitively to have a doctor to put a finger in my ass multiple times though the doctor’s qualified professional that has a degree in medical didn’t need to put a finger in my rectum Seymours persistence of that I tried to call PREA (Prison Rape Elimination Act) and report the activity of that officer and the phones will not dial the number so the Chief and Administrator was called to fix it and Administrator Butler came in on Dec 23 and left without fixing or investigating the issue her office created by this conduct she was also informed on the night of the 22nd that the PREA Number did not work and she didn’t fix it or talk to me or investigate this matter at all. So I cant be protected from the odd fixation with the officer employed here to be reprimanded. I don’t feel safe here anymore. For some reason these guards are allowed widespread freedom to do anything to make us uncomfortable and trying to have my ass fingered multiple times is a odd violation for some kind of gratification by Admin butler and Sheriff Walravens Employee (ECF No. 1, pp. 7-8) (errors in original). Plaintiff asserts Claim Two against Defendants Walraven and Butler in both their individual and official capacities. Id. at 9. Specifically, for his official capacity claim, Plaintiff asserts: This jail is supposed to be an official ADC Holding facility but you cant call the PREA Number even after they were notified about it they did not fix the issue. (ECF No. 1, p. 9). For relief Plaintiff requests compensatory and punitive damages and for Defendant Seymour to be fired. Id. at 11. Case 4:25-cv-04105-SOH Document 6 Filed 02/17/26 Page 3 of 10 PageID #: <pageID>
4 II. APPLICABLE STANDARD 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 in 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). “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 Plaintiff has failed to state any cognizable constitutional claims in his Complaint. Rule 8(a) contains the general pleading rules and requires a complaint to present “a short and plain statement of the claim showing that the pleader is entitled to relief.” Fed. R. Civ. P. 8(a)(2). “A claim has facial plausibility when the plaintiff pleads factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged.” Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009). The Court will consider well plead factual allegations in the Case 4:25-cv-04105-SOH Document 6 Filed 02/17/26 Page 4 of 10 PageID #: <pageID>
5 Amended Complaint as true and construe all reasonable inferences from the pleadings in favor of the non-moving party. Morton v. Becker, 793 F.2d 185, 187 (8th Cir. 1986). However, while the Court will liberally construe a pro se plaintiff’s complaint, the plaintiff must allege sufficient facts to support his claims. See Stone v. Harry, 364 F.3d 912, 914 (8th Cir. 2004). A. Denial of Medical Care Plaintiff first asserts in his Claim One that Defendant Seymour violated his constitutional rights by denying him medical care on December 21-22, 2025. In prisoner litigation, courts in the Eighth Circuit analyze denial of medical care claims under the deliberate indifference standard of the Eighth Amendment regardless of Plaintiff’s status as a pretrial detainee or convicted inmate. See e.g., Morris v. Cradduck, 954 F.3d 1055, 1058 (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). The Court therefore examines Plaintiff’s claims under the Eighth Amendment's deliberate indifference standard. Id. In order to state a denial or delay of medical care claim, Plaintiff must allege (1) that he had an objectively serious medical need, and (2) that the Defendant Seymour 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 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 Case 4:25-cv-04105-SOH Document 6 Filed 02/17/26 Page 5 of 10 PageID #: <pageID>
6 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). Plaintiff has failed to state a claim for denial of medical care. Plaintiff asserted he suffered from an objectively serious medical need as he was bleeding from his rectum and received a diagnosis at the emergency room of diverticulitis and aggravated spinal arthritis. (ECF No. 1, p. 6). Also, Plaintiff alleged Defendant Seymour knew of his ailment. However, the analysis does not end there. Plaintiff must also allege Defendant Seymour was deliberately indifferent to Plaintiff’s medical need by denying or delaying that need. There are no factual allegations showing Defendant Seymour or any other Defendants were deliberately indifferent to Plaintiff’s medical needs. On the contrary, Plaintiff asserts that he was transferred to the emergency room after notifying the guards of his bleeding.1 He was then tested at the emergency room, diagnosed, and prescribed medication. Id. These factual assertions clearly show Plaintiff’s medical needs were not deliberately disregarded. See Ivey, 968 F.3d at 848. Moreover, to the extent Plaintiff is attempting to allege Defendant Seymour interfered with 1 The Court notes Plaintiff was forced to wait approximately three hours from the day shift to the night shift before being transferred to the emergency room, however, he does not allege this delay caused him any harm. 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). In order to prove a constitutional violation based on a delay of medical treatment, the plaintiff 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, p. 342 (8th Cir. 2011) (internal quotations and citation omitted). Case 4:25-cv-04105-SOH Document 6 Filed 02/17/26 Page 6 of 10 PageID #: <pageID>
7 his medical treatment or violated his HIPAA rights, these claim also must fail. Plaintiff failed to allege any facts indicating Defendant Seymour’s calls to Officer Johnston interfered in his medical treatment in any way. Additionally, HIPAA, the Health Insurance Portability and Accountability Act, does not create an express or implied private cause of action. See Dodd v. Jones, 623 F.3d 563, 569 (8th Cir. 2010) (affirming dismissal of HIPAA claim because HIPAA does not create a private right of action). Meaning, Plaintiff, a private party, cannot bring a claim for relief under HIPAA. Id. Accordingly, Plaintiff has failed to allege sufficient facts to establish a cognizable claim for denial of medical care and such claims should be dismissed. B. Conditions of Confinement Plaintiff also asserts conditions of confinement claims in both his Claim One and Claim Two. The Court will address each in turn. The Eighth Amendment to the United States Constitution prohibits the imposition of cruel and unusual punishment. U.S. Const. amend. VIII. The Eighth Amendment also prohibits punishments that deprive inmates of the minimal civilized measure of life’s necessities. Smith v. Copeland, 87 F.3d 265, 268 (8th Cir. 1996). A prisoner alleging an Eighth Amendment violation must prove both an objective and subjective element. Revels v. Vincenz, 382 F.3d 870, 875 (8th Cir. 2004) (citing Wilson v. Seiter, 501 U.S. 294, 298 (1991)). “The defendant's conduct must objectively rise to the level of a constitutional violation by depriving the plaintiff of the minimal civilized measure of life's necessities. The defendant's conduct must also reflect a subjective state of mind evincing deliberate indifference to the health or safety of the prisoner.” Revels, 382 F.3d at 875 (citations and internal quotation marks omitted). Deliberate indifference is established when the Plaintiff shows “the defendant was substantially aware of but disregarded an excessive Case 4:25-cv-04105-SOH Document 6 Filed 02/17/26 Page 7 of 10 PageID #: <pageID>
8 risk to inmate health or safety.” Id. The standards against which a court measures prison conditions are “the evolving standards of decency that mark the progress of a maturing society.” Estelle v. Gamble, 429 U.S. 97, 102 (1976). The Constitution does not mandate comfortable prisons, but neither does it permit inhumane ones. Farmer v. Brennan, 511 U.S. 825, 832 (1994). As is the case with all Eighth Amendment claims, a prisoner must suffer some actual injury in order to receive compensation. This injury must be greater than de minimis. Irving v. Dormire, 519 F.3d 441, 448 (8th Cir. 2008). 1. Defendant Seymour Plaintiff claims Defendant Seymour violated his constitutional rights through the conditions of his confinement by continuously making inappropriate comments about a rectal exam. If true, the comments are disgraceful, however such comments do not rise to the level of a constitutional violation. See Howard v. Everett, 208 F.3d 218, 2000 WL 268493, at *1 (8th Cir. Mar. 10, 2000) (holding sexual comments and gestures, while reprehensible, did not rise to the level of a constitutional violation without contact or touching). See also McDowell v. Jones, 990 F.2d 433, 434 (8th Cir. 1993) (explaining verbal threats and name calling, without more, are not usually actionable under Section 1983); O’Donnell v. Thomas, 826 F.2d 788, 790 (8th Cir. 1987) (verbal threats and abuse do not rise to the level of a constitutional violation).2 2 To the extent Plaintiff may be asserting a claim of sexual harassment, pursuant to the Eighth Amendment, against Defendant Seymour, such a claim would still fail based on the instant factual assertions. See Freitas v. Ault, 109 F.3d 1335, 1338 (8th Cir. 1997) (“To prevail on a constitutional claim of sexual harassment, an inmate must therefore prove, as an objective matter, that the alleged abuse or harassment caused pain and, as a subjective matter, that the officer in question acted with a sufficiently culpable state of mind.”) (internal quotations and citations omitted). Here, Plaintiff has failed to allege an injury or any pain suffered other than vague claims of embarrassment. (ECF No. 1, p. 6). Case 4:25-cv-04105-SOH Document 6 Filed 02/17/26 Page 8 of 10 PageID #: <pageID>
9 2. Defendants Walraven and Butler Next, Plaintiff claims Defendants Walraven and Butler violated his constitutional rights through the conditions of his confinement by failing to ensure the Prison Rape Elimination Act (“PREA”) hotline was accessible at the LRCDC. There is no private cause of action under the PREA. Section 1983 does not create any substantive rights. Rather, it provides a remedy for violations of constitutional rights or rights created under federal law. Tarsney v. O'Keefe, 225 F.3d 929, 939 (8th Cir. 2000). The PREA authorized the federal government to give grants to prisons and detention facilities that implement procedures designed to reduce the number of prison rapes. 34 U.S.C. §§ 30301-30309. While there appears to be no Eighth Circuit decision on point, other courts have made clear that the PREA does not create a private cause of action. Johnson v. Garrison, 859 F. App'x 863, 864 (10th Cir. 2021); Bowens v. Wetzel, 674 F. App'x 133, 137 (3d Cir. 2017); Krieg v. Steele, 599 F. App'x 213, 232-33 (5th Cir. 2015); Wilmoth v. Sharp, No. 6:15-cv-06057, 2018 WL 1092031, *3 (W.D. Ark. Feb. 27, 2018). Thus, Plaintiff has failed to state any plausible constitutional claims based on the unavailability of the PREA hotline. Further, to the extend Plaintiff attempts to allege sexual harassment claims against Defendants Walraven and Butler, such claims must fail for the same reasons the claims against Defendant Seymour fail. C. Official Capacity Finally, all official capacity claims asserted by Plaintiff against any Defendant must fail as a matter of law. Under Section 1983, a defendant may be sued in either his personal capacity, or in his official capacity, or claims may be stated against a defendant in both his personal and his official capacities. The type of conduct that is actionable and the type of defense available depend Case 4:25-cv-04105-SOH Document 6 Filed 02/17/26 Page 9 of 10 PageID #: <pageID>
10 on whether the claim is asserted against a defendant in his official or individual capacity. See Gorman v. Bartch, 152 F.3d 907, 914 (8th Cir. 1998) (internal citations omitted). “Claims against individuals in their official capacities are equivalent to claims against the entity for which they work; they require proof that a policy or custom of the entity violated the plaintiff’s rights, and the only type of immunity available is one belonging to the entity itself.” Id. Here, that means Plaintiff needed to allege a policy, procedure, or custom of Little River County caused his alleged constitutional violations. Plaintiff has failed to do so here as he has not alleged any facts regarding the policy, procedures, or customs of Little River County, nor has he stated a cognizable constitutional violation. IV. CONCLUSION For these reasons, it is RECOMMENDED Plaintiff’s Complaint (ECF No. 1) 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 17 th day of February 2026. /s/ Spencer G. Singleton HON. SPENCER G. SINGLETON UNITED STATES MAGISTRATE JUDGE Case 4:25-cv-04105-SOH Document 6 Filed 02/17/26 Page 10 of 10 PageID #: <pageID>
Vous vous demandez comment ce texte s’applique à votre situation ?
Consultation gratuite, sans engagement
Décrivez votre situation. Notre équipe vous recontactera par e-mail pour votre consultation.
Poursuivez vos recherches dans ChatGPT ou Claude
Connectez Omnilex pour rechercher dans le corpus juridique depuis votre assistant IA.