McCall v. Shock et al

Filing 75

ORDER adopting 65 Recommendation as supplement and overruling McCall's objections, 71 . Shock and Vincent's motion for summary judgment, 51 , granted. McCall's claims against them will be dismissed with prejudice. McCall's claims against the John Doe Defendant will be dismissed without prejudice for failure to serve. Signed by Judge D. P. Marshall Jr. on 9/8/2015. (jak)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION

JAMIE SHAWN McCALL
ADC #610019
v.

PLAINTIFF
No. 4:14-cv-333-DPM

SHOCK, Sheriff, Faulkner County;
DOE, Major, Faulkner County Jail; and
LLOYD VINCENT, Captain, Faulkner
County Jail

DEFENDANTS

ORDER
On de novo review, the Court adopts the recommendation, NQ 65, as
supplemented and overrules McCall's objections, NQ 71. FED. R. Crv. P.
72(b)(3).
1. Tuberculosis lights and testing.

Courts have upheld similar

tuberculosis-prevention measures. Gibbs v. Grimmette, 254 F.3d 545 (5th Cir.
2001).

Thus, even if the measures taken here were constitutionally

inadequate, that inadequacy was not clearly established. Plumhoff v. Rickard,
134 S. Ct. 2012, 2022-23 (2014).
2. Cleaning cups and spoons. Requiring inmates to wash their cups
and spoons with the same soap they use to clean their bodies would be
troubling. But the undisputed fact is that inmates are given two small bars of

soap each week. E.g., NQ 71 at 3. The Court sees no reason why inmates can't
use one bar for personal hygiene and the other for cleaning their jail-issued
mess kits. While perhaps not ideal, under the totality of the circumstances,
thisconditionisn'tclearlyunconstitutionaleither. Cf Stickleyv. Byrd,703F.3d
421, 423-24 (8th Cir. 2013).

***
The conditions McCall complains of may u merit[ ] some management
criticism[.]" Stickley, 703F.3dat423-24 (internal quotation omitted). But they
don't amount to violations of clearly established constitutional rights by
Defendants Shock and Vincent. Because McCall can't clear the high bar
qualified immunity sets, Shock and Vincent's motion for summary judgment,
NQ 51, is granted. McCall's claims against them will be dismissed with

prejudice. McCall's claims against the John Doe Defendant will be dismissed
without prejudice for failure to serve.
So Ordered.
(I

D.P. Marshall Jr.
United States District Judge

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