Browning v. Johnson et al

Filing 16

ORDER Adopting 7 Partial Recommended Disposition. The 11 Motion to Amend Complaint is denied, as the Court finds that the proposed amendment would still not explain how Defendant Mitchell was personally involved in any constitutional violatio ns. All claims against Johnson, Humphry, Holiday and Mitchell are dismissed without prejudice. All claims against the Pulaski County Regional Detention Facility are dismissed with prejudice. Mr. Browning may proceed on deliberate indifference clai ms against Defendants Cook, Burton, and Jane Doe; against Turn Key Health for an unconstitutional policy; against Defendant Pratt for corrective-inaction; and against medical Defendants for state law negligence and medical malpractice claims. Signed by Judge James M. Moody Jr. on 6/27/2017. (mcz)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION
CARLOS RAY BROWNING,
ADC #122856
V.

PLAINTIFF

CASE NO. 4:17-CV-00292 JM/BD

JOHNSON, et al.

DEFENDANTS

ORDER
The Court has received a Partial Recommended Disposition (ARecommendation@) filed
by Magistrate Judge Beth Deere. Mr. Browning has filed timely objections to the
Recommendation related to the dismissal of Defendant Mitchell and simultaneously filed a
Motion to Amend Complaint (Document No. 11).
After careful review of the Recommendation, Mr. Browning’s timely objections and
Motion to Amend Complaint, as well as a de novo review of the record, the Court concludes that
the Recommendation should be, and hereby is, approved and adopted as this Court’s findings in
all respects. The Motion to Amend Complaint (Document No. 11) is DENIED, as the Court finds
that the proposed amendment would still not explain how Defendant Mitchell was personally
involved in any constitutional violations. Keeper v. King, 130 F.3d 1309, 1314 (8th Cir.1997)
(general responsibility for supervising prison operations is insufficient to establish personal
involvement required for § 1983 liability; official who is not involved in medical decisions and
has no medical expertise cannot be liable for medical staff's diagnostic decisions).
All claims against Defendants Johnson, Humphry, Holiday, and Mitchell are
DISMISSED, without prejudice. All claims against the Pulaski County Regional Detention
Facility, are DISMISSED, with prejudice.
Mr. Browning may proceed on deliberate indifference claims against Defendants Cook,

Burton, and Jane Doe; against Turn Key Health for an unconstitutional policy; against Defendant
Pratt for corrective-inaction; and against medical Defendants for state law negligence and
medical malpractice claims.
IT IS SO ORDERED, this 27th day of June, 2017.

________________________________
UNITED STATES DISTRICT JUDGE

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