Stricklin v. Arkansas Department of Correction et al
ORDER directing the Clerk to prepare a summons for defendant Reed. The U.S. Marshal is directed to serve the summons, complaint and this Order on her through the ADC Compliance Office without prepayment of fees therefor. Plaintiff's claims against defendant Minor are dismissed without prejudice. The claims against the Arkansas Department of Correction are dismissed with prejudice. Signed by Judge D. P. Marshall Jr. on 1/23/14. (kpr)
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
JOSHUA A. STRICKLIN,
ARKANSAS DEPARTMENT OF CORRECTION;
CYNTHIA REED, Correctional Officer; and
JUSTINE MINOR, Disciplinary Hearing Judge
Striklin has filed this prose action alleging that defendants viola ted
his constitutional rights and Arkansas law. NQ 2. The Court must, though,
screen his allegations. 28 U.S.C. § 1915A.
Stricklin contends that correctional officer Reed intentionally and
repeatedly slammed Stricklin's hand in the food slot on his cell door at the
Varner Super Max Unit of the Arkansas Department of Correction. NQ 2.
Stricklin has stated a plausible excessive-force claim, under the United States
and Arkansas Constitutions, against Reed.
According to Stricklin, Reed committed battery when she used
force against him. Stricklin also says that he is bringing a claim for ubreach
of duty," which presumably is a negligence claim. NQ 2 at 5. Arkansas
employees are immune from suit for tortious acts, with two exceptions. Ark.
Code Ann.§ 19-10-305(a). First, they do not have immunity for "malicious"
acts, like the battery claim that Stric;L
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