Clark v. Hustafer et al
ORDER directing service for Defendants Hustafer, Johnston, and Langston. The U.S. Marshal is directed to serve the summons, Complaint, Amended Complaints, and this Order on them without prepayment of fees and costs or security therefor. Signed by Magistrate Judge J. Thomas Ray on 2/12/2013. (jak)
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
DAVID M. CLARK,
TOMMY HUSTAFER, Jailer,
Greene County Detention Center, et al.
Plaintiff, David M. Clark, is a convicted prisoner in the Greene County
Detention Center. He has filed a pro se § 1983 Complaint and two Amended
Complaints 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 alleges that, in December of 2012: (1) Defendant Nurse Sammie
Johnston failed to provide him with adequate medical care when she refused to
comply with a court order directing that he receive an unspecified medication
prescribed for the treatment of post traumatic stress disorder; (2) Defendant Sheriff
Dan Langston failed to provide him with adequate medical care because he knew
about the court order, but failed to enforce it; and (3) Defendant Jailer Tommy
Hustafer failed to protect him being beaten by his cell mate, and used excessive force
to stop the fight. See docket entries #2 and #5.
The Court concludes, for screening purposes only, that Plaintiff has stated
viable inadequate medical care, failure to protect, and excessive force claims against
Defendants Hustafer, Johnston, and Langston. Thus, they will be served.
IT IS THEREFORE ORDERED THAT the Clerk is directed to prepare a
summons for Defendants Hustafer, Johnston, and Langston, and the U.S. Marshal is
directed to serve the summons, Complaint, Amended Complaints, and this Order on
them without prepayment of fees and costs or security therefor.1
If any of the Defendants are no longer Greene County employees, the
individual responding to service must file, with the unexecuted summons, a sealed
statement providing the unserved Defendant’s last known private mailing address.
Dated this 12th day of February, 2013.
UNITED STATES MAGISTRATE JUDGE
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