Brady v. Hobbs et al

Filing 5

ORDER directing Plaintiff to amend his complaint within thirty days pursuant to the instructions contained in this Order. Signed by Magistrate Judge Beth Deere on 3/21/2014. (jak)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION ROBERT JEFFREY BRADY ADC #116780 V. PLAINTIFF CASE NO. 5:14-CV-0103 JLH/BD RAY HOBBS, et al. DEFENDANTS ORDER Robert Jeffrey Brady, an Arkansas Department of Correction (“ADC”) inmate, filed this lawsuit pro se alleging that Defendants failed to protect him from being attacked by another ADC inmate. As a result of the attack, Mr. Brady claims that his leg had to be amputated. Mr. Brady’s complaint, however, is flawed and must be amended. First, Mr. Brady asks for compensatory and punitive damages, but he names the Defendants in their official capacities only. Mr. Brady cannot recover monetary damages against a state actor in his official capacity. Will v. Michigan Dep’t of State Police, 491 U.S. 58, 109 S.Ct. 2304 (1989). Second, based on the allegations contained in his complaint, it is unclear whether Mr. Brady seeks to pursue a claim regarding the Defendants’ failure to provide him adequate medical treatment. Third, although Mr. Brady names Ray Hobbs as a Defendant, it appears that he seeks to hold him liable based on his supervisory position within the ADC. In a § 1983 action, a supervisor cannot be held liable for the constitutional violations of a subordinate based solely on the employment relationship. Ashcroft v. Iqbal, 129 S. Ct. 1937, 1948 (2009); Parrish v. Ball, 594 F.3d 993, 1001 (8th Cir. 2010); see also Keeper v. King, 130 F.3d 1309, 1314 (8th Cir. 1997) (holding that the “general responsibility for supervising the operations of a prison is insufficient to establish the personal involvement required to support [§ 1983] liability”). Therefore, a prisoner “must plead that each Government-official defendant, through the official’s own individual actions, has violated the Constitution.” Iqbal, 129 S.Ct. at 1948. Accordingly, Mr. Brady must amend his complaint. In his amended complaint, he must specifically state whether he is using the Defendants in their individual capacities. Further, he must clarify whether he is suing Defendants only for failing to protect him or whether he is also claiming that Defendants failed to provide adeuqate medical treatment. Mr. Brady must specifically explain how each named Defendant violated his constitutional rights and caused him injury. Mr. Brady must file an amended complaint within thirty days. IT IS SO ORDERED this 21st day of March, 2014. ___________________________________ UNITED STATES MAGISTRATE JUDGE 2

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