Brooks v. Cox et al

Filing 12

ORDER adopting 7 recommendation as modified. Brooks's claims against Cox, Muse, and the Doe defendants are dismissed without prejudice for failure to state a claim. And his claim against the Poinsett County Detention Center is dismissed with prejudice. Liberally construing Brooks's complaint, he's stated a deliberate indifference claim against Captain Hicks. That claim therefore survives screening too. Signed by Judge D. P. Marshall Jr. on 6/26/2017. (jak)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
JONESBORO DIVISION
JEREMIE BROOKS
ADC #660149

v.

PLAINTIFF
No. 3:17-cv-55-DPM-JTK

SUSAN COX, Part-time Nurse, Poinsett
County Detention Center; BECKY HICKS,
Captain, PCDC; KIM MUSE, Assistant Jail
Administrator, PCDC; POINSETT COUNTY
DETENTION CENTER; DOES, PCDC
Administration, Jailers/Staff, and Medical
Employees; and STEVE ROREX, Jail
Administrator, PCDC

DEFENDANTS

ORDER
Unopposed recommendation, NQ 7, adopted as modified. FED. R. Crv.
P. 72(b) (1983 addition to advisory committee notes). Brooks's claims against
Cox, Muse, and the Doe defendants are dismissed without prejudice for
failure to state a claim. And his claim against the Poinsett County Detention
Center is dismissed with prejudice.
The modification: Liberally construing Brooks' s complaint, he's stated
a deliberate indifference claim against Captain Hicks - even though he failed
to list her in the appropriate section of the§ 1983 complaint form. Thatclaim
therefore survives screening too.

So Ordered.

(/

D.P. Marshall Jr.
United States District Judge

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