Freeman v. Craighead County Jail et al

Filing 7

ORDER allowing Mr. Freeman to proceed on his claim that Defendant Moyer acted with deliberate indifference to his medical needs. In addition, Mr. Freeman may proceed on his claim that Defendant Moyer acted with deliberate indifference to his health a nd safety following the incident in question. The Clerk is directed to prepare a summons for Defendant Moyer and the U.S. Marshal is directed to serve copies of the 1 Complaint with any attachments and a summons on defendant. Mr. Freemans's claims against the Craighead County Jail will be addressed in a separate recommendation. Signed by Magistrate Judge Beth Deere on 11/21/2014. (jak)

Download PDF
IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS JONESBORO DIVISION JEFF D. FREEMAN V. PLAINTIFF CASE NO. 3:14-CV-207 DPM/BD CRAIGHEAD COUNTY JAIL, et al. DEFENDANTS ORDER In his complaint, Mr. Freeman alleges that he was assaulted by another inmate while housed at the Craighead County Jail. The complaint clearly stated a claim that Defendant Moyer failed to provide Mr. Freeman with appropriate medical treatment after the incident. Even though the complaint appeared to have a missing page, it adequately stated a deliberate-indifference claim based on the allegation that Defendant Moyer left Mr. Freeman in the cell with his alleged assailants after the assault. It was not clear from the allegations in the complaint whether Mr. Freeman also intended to state a failure-to-protect claim based on circumstances surrounding the assault. Thus, the Court granted Mr. Freeman thirty days to amend his complaint to supply facts to support a deliberate-indifference claim. More than thirty days have passed, and Mr. Freeman has not filed an amended complaint. Accordingly, Mr. Freeman may proceed on his claim that Defendant Moyer acted with deliberate indifference to his medical needs. In addition, Mr. Freeman may proceed on his claim that Defendant Moyer acted with deliberate indifference to his health and safety following the incident in question. The Clerk of the Court is directed to prepare a summons for Defendant Moyer; and the United States Marshal is directed to serve copies of the complaint (docket entry #1), along with any attachments and a summons for this Defendant. Service for Defendant Moyer should be through the Craighead County Jail, 901 Willett Road, Jonesboro, Arkansas 72401, without prepayment for costs and fees or posting security. Mr. Freeman’s claims against the Craighead County Jail will be addressed in a separate recommendation. IT IS SO ORDERED, this 21st day of November, 2014. ___________________________________ UNITED STATES MAGISTRATE JUDGE 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?