Brown et al v. Correctional Medical Services et al

Filing 13

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)

Download PDF
IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION KAREN BROWN, Administrator for the Estate of John Brown; JUSTIN BROWN; JOHNATHON BROWN; and J.B. & K.B. (minors) v. PLAINTIFFS No. 4:12-cv-140-DPM CORRECTIONAL MEDICAL SERVICES, INC. afk/a Corizon; ARKANSAS DEPARTMENT OF CORRECTION; RAY HOBBS, Director, Arkansas Deparment of Correction; JOHN DOES 1-3; MATTHEWS-JACKSON, Correctional 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 DEFENDANTS ORDER 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.ยงยง 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. So Ordered. D.P. Marshall Jr. United States District 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?