Venzant v. Allen et al

Filing 8

ORDER directing the Clerk to prepare summons for Defendants Allen, Coleman, and Bonner. The U.S. Marshal is directed to serve the summons, Complaint, Amended Complaint, and this Order on them without prepayment of fees and costs or security therefor. Signed by Magistrate Judge J. Thomas Ray on 10/1/2012. (jak)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
JONESBORO DIVISION

LARRY VENZANT
V.

PLAINTIFF
3:12CV00197 JLH/JTR

MIKE ALLEN,
Sheriff of Crittenden County, et al.

DEFENDANTS

ORDER
Plaintiff, Larry Venzant, is a pretrial detainee in the Crittenden County
Detention Facility (“CCDF”). He has filed a pro se § 1983 Complaint and an
Amended Complaint alleging that Defendants violated his constitutional rights.
The Prison Litigation Reform Act requires federal courts to screen prisoner
complaints seeking relief against a governmental entity, officer, or employee. 28
U.S.C. § 1915A(a). The Court must dismiss a complaint or a portion thereof if the
prisoner has raised claims that: (a) are legally frivolous or malicious; (b) fail to state
a claim upon which relief may be granted; or (c) seek monetary relief from a
defendant who is immune from such relief. 28 U.S.C. § 1915A(b). When making this
determination, the Court must accept the truth of the factual allegations contained in
the complaint. See Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009); Reynolds v. Dormire,
636 F.3d 976, 979 (8th Cir. 2011).

Plaintiff contends that Defendants Allen, Coleman, and Bonner failed to
provide him with adequate medical care after he slipped and fell in the shower at the
CCDC. See docket entry #2 and #7. Although it is unclear, it appears that Plaintiff
is also alleging that Defendants were aware of the dangerous conditions in the CCDC
showers, but deliberately failed to take proper corrective action to prevent his fall.
The Court concludes, for screening purposes only, that Plaintiff has stated viable
conditions of confinement and inadequate medical care claims against Defendants.
IT IS THEREFORE ORDERED THAT the Clerk is directed to prepare a
summons for Defendants Allen, Coleman, and Bonner, and the U.S. Marshal is
directed to serve the summons, Complaint, Amended Complaint, and this Order on
them without prepayment of fees and costs or security therefor. 1
Dated this 1st day of October, 2012.

UNITED STATES MAGISTRATE JUDGE

1

If any of the Defendants are no longer Crittenden County employees, the
person responding to service must file a SEALED Statement providing the last known
private mailing address for the unserved Defendant.
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