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)
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
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