Phillips v. Singleton al

Filing 32

ORDER granting 28 Motion for Judgment on the Pleadings. Excessive force claim dismissed. Case will proceed on denial of medical care and unconstitutional conditions of confinement claims. Defendants Heath Ross and James Singleton terminated. Signed by Honorable Barry A. Bryant on February 26, 2016. (mll)

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
TEXARKANA DIVISION
MICHAEL PHILLIPS

PLAINTIFF

v.

Civil No. 4:15-cv-04051

SHERIFF JAMES SINGLETON;
LIEUTENANT HEATH ROSS;
SERGEANT CATHY FLINCHER;
JAIL ADMINISTRATOR JOHNNY
GODBOLT; and JOAN McCLEAN,
Nurse Practitioner

DEFENDANTS

OPINION AND ORDER
This is a civil rights action filed pursuant to 42 U.S.C. § 1983. Plaintiff proceeds pro se and
in forma pauperis. The case is before me on the consent of the parties (ECF No. 14). Defendants have
filed a Motion for Partial Judgment on the Pleadings (ECF No. 28). Plaintiff has not responded to the
Motion.
1. Background
Plaintiff filed his Amended Complaint (Doc. 25) on February 3, 2016. In the caption of the
case, he lists Sheriff James Singleton and Lieutenant Heath Ross as Defendants. However, in the
portion of the Complaint where he is directed to name each Defendant he lists only Jail Administrator
Johnny Godbolt, Sergeant Flincher, and Joan McClean, Nurse Practitioner, as Defendants.
As claims, he lists excessive force, denial of medical care, and unconstitutional conditions of
confinement. However, the Amended Complaint does not contain any factual allegations regarding
an excessive force claim.

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2. Applicable Standard
On a motion for judgment on the pleadings, a court applies the same standard as in a 12(b)(6)
motion for failure to state a claim. See Glover v. Merck & Co., Inc., 345 F. Supp. 2d 994, 996 (D.
Minn. 2004)(citing St. Paul Ramsey County Medical Ctr. v. Pennington County, S.D., 857 F.2d 1185,
1187 (8th Cir. 1988)). Rule 8(a) contains the general pleading rules and requires a complaint to
present “a short and plain statement of the claim showing that the pleader is entitled to relief.” Fed.
R. Civ. P. 8(a)(2). “In order to meet this standard, and survive a motion to dismiss under Rule
12(b)(6), ‘a complaint must contain sufficient factual matter, accepted as true, to state a claim for relief
that is plausible on its face.’” Braden v. Wal-Mart Stores, Inc., 588 F.3d 585, 594 (8th Cir.
2009)(quoting Ashcroft v. Iqbal, 556 U.S.662, 678 (2009)).
3. Discussion
Sheriff Singleton and Lieutenant Ross are clearly entitled to judgment on the pleadings. They
are listed only in the caption of the Amended Complaint. The Amended Complaint contains no factual
allegations against them. Similarly, there are no factual allegations as to the excessive force claim.
4. Conclusion
The Partial Motion for Judgment on the Pleadings (ECF No. 28) is GRANTED. All claims
against Sheriff Singleton and Lieutenant Ross are DISMISSED. The excessive force claim is also
DISMISSED. The case will proceed on the denial of medical care and unconstitutional conditions
of confinement claims.
IT IS SO ORDERED this 26th day of February 2016.
/s/ Barry A. Bryant
HON. BARRY A. BRYANT
UNITED STATES MAGISTRATE JUDGE

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