Garewal v. U.S. Marshall et al

Filing 24

ORDER to Dismiss in Part and to Draw in Part. ORDERED that the Complaint and claims asserted against Defendants Unknown U.S. Marshals (male and female who escorted him from the Denver County Jail to the federal building on May 11, 2012), Doctor C rum, and Nurse Johnson shall be drawn to a district judge and to a magistrate judge. FURTHER ORDERED that Defendants City and County of Denver Jail Supervisor and Denver Health Unknown Supervisor are dismissed from the action. FURTHER ORDERED that Claim Three is dismissed from the action, by Judge Lewis T. Babcock on 1/28/13. (sgrim)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 12-cv-02348-BNB
MILTON BRADLEY GAREWAL
Plaintiff,
v.
UNKNOWN U.S. MARSHAL,
UNKNOWN U.S. MARSHAL,
DOCTOR CRUM,
NURSE JOHNSON,
CITY AND COUNTY OF DENVER JAIL SUPERVISOR, and
DENVER HEALTH UNKNOWN SUPERVISOR,
Defendants.

ORDER TO DISMISS IN PART AND TO DRAW IN PART

Plaintiff, Milton Bradley Garewal, currently is detained at the Denver County Jail
in Denver, Colorado. On September 4, 2012, Plaintiff, acting pro se, initiated this action
by filing a Prisoner Complaint pursuant to 42 U.S.C. § 1983 and 28 U.S.C. § 1343. On
October 2, 2012, Plaintiff amended the Complaint. In the Amended Complaint, Plaintiff
asserted that his constitutional rights were violated on May 11, 2012, when two
Unknown U.S. Marshals shackled his feet during transport to a court appearance, even
though he suffers from “Dropped Foot” and, as a result, he fell and broke his foot.
Plaintiff further asserted that jail staff violated his constitutional rights when they delayed
proper treatment of the broken foot for ten days.
Magistrate Judge Boyd N. Boland reviewed the Amended Complaint and entered
an order on October 15, 2012, instructing Plaintiff that he must assert personal

participation by all named defendants and provide sufficient information about the
Unknown U.S. Marshals so that they can be identified for purposes of service. Plaintiff
filed a Second Amended Complaint on November 28, 2012.
Although in the Second Amended Complaint he has stated how the two Unknown
U.S. Marshals and Doctor Crum and Nurse Johnson personally participated in violating
his constitutional rights, Plaintiff has failed to state how the Denver Jail and the Denver
Health Supervisors participated in any violation of his constitutional rights. These
Defendants, therefore, will be dismissed from the action.
The Court further notes that Claim Three also will be dismissed because Plaintiff
fails to identify who specifically is responsible for the violations he asserts in the claim.
The only individuals Plaintiff identifies in Claim Three are a nurse, an orthopedic doctor,
the Denver General Hospital, and the employees of the hospital. None of these is
named as defendants and nothing Plaintiff asserts in Claim Three identifies the names
of the nurse, the doctor, or the employees. Furthermore, Plaintiff fails to assert how any
of these defendants are responsible for the jail’s continuing denial of a brace for his foot
and the alleged violation of his constitutional rights. Accordingly, it is
ORDERED that the Complaint and claims asserted against Defendants Unknown
U.S. Marshals (male and female who escorted him from the Denver County Jail to the
federal building on May 11, 2012), Doctor Crum, and Nurse Johnson shall be drawn to a
district judge and to a magistrate judge. It is
FURTHER ORDERED that Defendants City and County of Denver Jail
Supervisor and Denver Health Unknown Supervisor are dismissed from the action. It is

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FURTHER ORDERED that Claim Three is dismissed from the action.
DATED at Denver, Colorado, this

28th

day of

January

BY THE COURT:

s/Lewis T. Babcock
LEWIS T. BABCOCK, Senior Judge
United States District Court

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, 2013.