Stinson et al v. Allen et al

Filing 21

ORDER directing the Clerk of the Court to prepare a summons for defendant Milo. The U.S. Marshal is directed to serve copies of the complaint, with any attachments, and a summons for this Defendant without requiring prepayment of fees and costs or security. The Clerk of the Court is instructed to terminate Allen, Coleman, and Ramsey as defendants. Signed by Judge J. Leon Holmes on 7/20/2015. (jak)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
JONESBORO DIVISION
BRANDON STINSON
ADC #137864
v.

PLAINTIFF

NO. 3:14CV00308 JLH/BD

MIKE ALLEN, et al.

DEFENDANTS
ORDER

Brandon Stinson, an Arkansas Department of Correction inmate formerly housed at the
Crittenden County Detention Center, filed this lawsuit pro se under 42 U.S.C. § 1983. Although the
Court previously determined that Stinson adequately stated an excessive-force claim against
defendant Milo in his individual capacity, it was unclear whether Stinson stated a conditions-ofconfinement claim against any of the other named defendants.1 Accordingly, the Court provided
Stinson an opportunity to amend his complaint to provide further details regarding this claim. See
Document #20.
To date, Stinson has not filed an amended complaint providing the information previously
requested by the Court, and the time for doing so has passed. Stinson was specifically cautioned that
his conditions-of-confinement claim could be dismissed if he failed to comply with the Court’s
May 22, 2015 Order. Therefore, although service for defendant Milo is now proper, Stinson’s
remaining claims must be dismissed, without prejudice.
The Clerk of the Court is directed to prepare a summons for defendant Milo. The United
States Marshal is directed to serve copies of the complaint, with any attachments (docket entry #2),

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Because Stinson has not alleged that he was injured as a result of any Crittenden County
policy or custom, his claims against defendant in his official capacity fail. See Monell v. New York
Dep't. of Soc. Servs., 436 U.S. 658, 694, 98 S. Ct. 2018 (1978); Jenkins v. County of Hennepin,
Minn., 557 F.3d 628, 632 (8th Cir. 2009).

and a summons for this defendant without requiring prepayment of fees and costs or security.
Service for defendant Milo should be through the Crittenden County Detention Facility, 350 Afco
Road, West Memphis, Arkansas 72301.
The Clerk of the Court is instructed to terminate Allen, Coleman, and Ramsey as defendants.
See Clemmons v. Armontrout, 477 F.3d 962, 967 (8th Cir. 2007) (“Liability under section 1983
requires a causal link to, and direct responsibility for, the deprivation of rights. To establish
personal liability of the supervisory defendants, [the plaintiff] must allege specific facts of personal
involvement in, or direct responsibility for, a deprivation of his constitutional rights”) (internal
quotation marks and citation omitted).
IT IS SO ORDERED this 20th day of July, 2015.

___________________________________
UNITED STATES DISTRICT JUDGE

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