Clemons v. Summers et al

Filing 7

ORDER adopting 4 Proposed Findings and Recommendations with a note on Clemons's objections. Because Clemons hasn't alleged that he was physically injured, he can't recover in federal court. 42 U.S.C. § 1997e(e). Signed by Judge D. P. Marshall Jr. on 5/22/2014. (jak)

Download PDF
IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION L.C. CLEMONS ADC # 93134 PLAINTIFF v. No. 5:14-cv-171-DPM-JTK SUMMERS, Correctional Officer II, ADC, Pine Bluff Work Complex; HAYWOOD, Correctional Officer II, ADC, Pine Bluff Work Complex; EARL, COil, ADC, Pine Bluff Work Complex; METCALF, Captain, ADC, Pine Bluff Work Complex; COBBS, Major, ADC, Pine Bluff Work Complex DEFENDANTS ORDER Opposed recommendation, NQ 4, adopted with a note on Clemons's objections. FED. R. CIV. P. 72(b)(3). The situation was regrettable and, as Director Kelley recognized, preventable. NQ 6 at 4. But whether the guards delayed Clemons intentionally or by accident, any Eighth Amendment claim still fails as a matter of law. Because Clemons hasn't alleged that he was physically injured, he can't recover in federal court. 42 U.S.C. ยง 1997e(e). So Ordered.

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?