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)
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.
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