Brown v. Hickman et al

Filing 18

ORDER granting in part and denying in part 13 the Motion to Amend the complaint is granted however Plaintiff's motion to add Yolanda Watson as a Defendant is denied, and granting 17 Motion to Dismiss separate Defendant Sue Fallon (Boone Co unty Jail Secretary) is treated as a stipulation of dismissal and is to be noted on the docket sheet that she is no longer a Defendant. The Clerk is directed to mail the Plaintiff a court-approved 1983 form to use for filing his amended complaint, which is to be submitted by 4/30/2013. The Defendants are directed to file a summary judgment motion by 6/28/2013. Signed by Honorable James R. Marschewski on April 11, 2013. (sh)

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
HARRISON DIVISION
DANIEL RAY BROWN
v.

PLAINTIFF
Civil No. 12-3150

SHERIFF DANNY HICKMAN;
JAIL ADMINISTRATOR JASON
DAY; BOB KING; DETECTIVE
RYAN WATSON; SUE FALLON;
DR. LEE; and NURSE MANDY JONES

DEFENDANTS
ORDER

Plaintiff has filed a motion to amend (Doc. 13). He seeks to add factual allegations
regarding his retaliation claim. He also again seeks to add Yolanda Watson as a Defendant. The
motion (Doc. 13) is granted in part and denied in part. Plaintiff will be allowed to amend his
retaliation claim. However, he will not be allowed to add Yolanda Watson as a Defendant. See
e.g., Peay v. Ajello, 470 F.3d 65 (2d Cir. 2006)(absolute immunity for probation officer's
preparation and submission of presentence report); Anton v. Getty, 78 F.3d 393 (8th Cir.
1996)(probation officer entitled to absolute immunity in preparing report on whether release plan
was acceptable and in recommending parole be delayed stating the actions were similar to those of
a probation officer preparing a presentence report which are so closely associated with the exercise
of judicial function).
Plaintiff is directed to submit an amended complaint by April 30, 2013. The Clerk is
directed to mail the Plaintiff a court-approved § 1983 form to use for filing the amended
complaint. In the amended complaint, Plaintiff must write short, plain statements telling the Court:
(1) the constitutional right Plaintiff believes was violated; (2) the name of the Defendant who
violated the right; (3) exactly what the Defendant did or failed to do; (4) how the action or inaction
of that Defendant is connected to the violation of Plaintiff’s constitutional rights; and (5) what

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AO72A
(Rev. 8/82)

specific injury Plaintiff suffered because of that Defendant’s conduct. See Rizzo v. Goode, 423 U.S.
362, 371-72, 377 (1976). Plaintiff must repeat this process for each person he has named as a
Defendant.
The Plaintiff must clearly designate on the face of the document that it is a first amended
complaint. The first amended complaint must be retyped or rewritten in its entirety on the courtapproved form and may not incorporate any part of the original complaint or any amendments
or supplements to it. A first amended complaint supersedes, or takes the place of, the previously
filed documents. After amendment, the Court will treat the previously filed documents as
nonexistent. Any cause of action that was raised in the original complaint or any amendments or
supplements to it are waived if not raised in the first amended complaint.
Plaintiff has also filed a motion to dismiss (Doc. 17) Sue Fallon as a Defendant. Defendants
have not objected to the motion. The Clerk is directed to treat the motion as a stipulation of
dismissal and note on the docket sheet that she is no longer a Defendant.
The Defendants are directed to file a summary judgment motion by June 28, 2013. Once
the motion is filed, Plaintiff will be asked to verify his receipt of the motion and notify the Court
of how he intends to respond.
IT IS SO ORDERED this 11th day of April 2013.

/s/ J. Marschewski
HON. JAMES R. MARSCHEWSKI
CHIEF UNITED STATES MAGISTRATE JUDGE

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AO72A
(Rev. 8/82)