Walthall v. Bohannon et al
ORDER directing the Clerk to prepare summons for defts Bohannon, White, Hoffman and Adams. The U.S. Marshal is directed to serve these defts with the summons, complaint, amended complaint, and this Order without prepayment of fees therefor. Walthall's claims against deft Brassell Detention Center are dismissed with prejudice. Signed by Judge D. P. Marshall Jr. on 9/19/13. (kpr)
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
JAMES THOMAS WALTHALL,
No. 5:13-cv-281 DPM-JTR
Dub Brassell Detention Center; ADAMS,
Captain at Detention Center, Dub Brassell
Detention Center; WHITE, Corporal - Detention
Officer, Dub Brassell Detention Center; HOFFMAN,
Officer, Detention Officer/Jailer, Dub Brassell
Detention Center; and DUB BRASSELL DETENTION
Walthall has filed this pro se § 1983 action alleging that the
defendants violated his constitutional rights while he was in the Brassell
Detention Center. Ng. 2 & 4. The Court must screen Walthall's complaint and
amended complaint. 28 U.S.C. § 1915A.
Walthall has stated plausible claims that defendants Bohannon,
White, and Hoffman violated his constitutional rights when they failed to
provide him with adequate personal hygiene supplies and forced him to sleep
on the floor without any bedding in violation of a doctor's order that he
receive two mattresses. Similarly, Walthall has stated a plausible claim that
defendant Adams learned of the alleged constitutional violations during the
grievance process, but failed to take corrective action. Defendants Bohannon,
White, Hoffman, and Adams will therefore be served.
The Court directs the Clerk to prepare a summons for defendants
Bohannon, White, Hoffman, and Adams. The Court directs the U.S. Marshal
to serve the summons, complaint, amended complaint, and this Order on
them without prepayment of fees and costs or security therefor. If any of the
defendants are no longer Brassell Detention Center employees, the individual
responding to service must file the unserved defendant's last known private
mailing address under seal.
Walthall's claims against defendant Brassell Detention Center are
dismissed with prejudice because jails and detention centers are not legal
entities amenable to suit in a§ 1983 action. Owens v. Scott County Jail,328 F.3d
1026, 1027 (8th Cir. 2003).
Walthall may proceed with his conditions-of-confinement claim against
Bohannon, White, and Hoffman, and his failure-to-supervise claim against
Adams. Service is ordered on them. Walthall's claims against defendant
Brassell Detention Center are dismissed with prejudice.
An in forma
pauperis appeal from this Order would not be taken in good faith. 28 U.S.C.
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