Brown et al v. Correctional Medical Services et al
ORDER directing Brown to make the changes set forth in this Order and re-file her complaint by August 21, 2012, and then serve it on the defendants. Signed by Judge D. P. Marshall Jr. on 8/14/12. (kpr)
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
KAREN BROWN, Administrator for
the Estate of John Brown; JUSTIN
BROWN; JOHNATHON BROWN;
and J.B. & K.B. (minors)
SERVICES, INC. afk/a Corizon;
ARKANSAS DEPARTMENT OF
CORRECTION; RAY HOBBS,
Director, Arkansas Deparment of
Correction; JOHN DOES 1-3;
Officer; DYER, Correctional Officer;
R. HOLCOMB, Sergeant; WILSON,
Correctional Officer; VERA J.
SCROGGINS; SANDRA D. SMITH,
LPN; JANE DOES 1-4; DOUGLAS
EDMOND DE SAINT FELIX;
DR. DARLENE ANTOSH; and
DR. JOHN R. ANDERSON
The Court has reviewed and screened the Browns' second amended
complaint, Document No. 12. There are two clean-up items before service.
First, the only proper plaintiff is the Administrator of John Brown's Estate,
who appears to be Karen Brown. Andrews v. Neer,253 F.3d 1052,1056-57 (8th
Cir. 2001); ARK. CODE ANN.§§ 16-62-101 & 102. Second, Brown must plead
with particularity what each named defendant, especially the nurses and
officers, did or did not do. Ashcroft v. Iqbal, 556 U.S. 662, 678-79 (2009). If
Brown cannot do so, she should omit the defendant from her complaint for
now. Brown must make these changes, re-file her complaint by 21 August
2012, and then serve it on the defendants.
D.P. Marshall Jr.
United States District Judge
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