BRANNAN v. OWENS et al

Filing 17

ORDER Directing Service re 16 Amended Complaint filed by ANDREW HOWARD BRANNAN. Ordered by US Magistrate Judge STEPHEN HYLES on 4-14-14. (mpm)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
MACON DIVISION

ANDREW HOWARD BRANNAN,

:
:
Plaintiff
:
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VS.
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Commissioner BRIAN OWENS, et. al.
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Defendants
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_________________________________ :

NO. 5:13-CV-0454 -MTT-MSH

PROCEEDINGS UNDER 42 U.S.C. § 1983
BEFORE THE U. S. MAGISTRATE JUDGE

ORDER
Plaintiff Andrew Howard Brannan, a state prisoner currently confined at the
Georgia Diagnostic and Classification Prison, in Jackson, Georgia, filed a pro se civil
rights complaint in this Court seeking relief under 42 U.S.C. § 1983. After conducting a
preliminary review of Plaintiff’s Complaint, the undersigned found that Plaintiff stated
cognizable claims against Defendants Rowles, Thorneloe, Humphrey, Owens, Scott and
Fowlks and ordered that they be served. The undersigned recommended, however, that
Plaintiff’s Eighth Amendment claims against Defendants Humphrey, Carter, Clark, Parks,
Walker, Jackson, Brown, and Roland be dismissed with leave to amend. The District
Court adopted this recommendation. See Order, March 4, 2014 (Doc. 10).
Plaintiff has now amended his Complaint. The amendment (Doc. 16) alleges that,
on January 15, 2013, a “shake down” was conducted in Plaintiff’s unit and that the loud
noises caused him to suffer a “psychotic breakdown.” Defendants Carter, Clark, Parks,
Walker, and Jackson (members of the prison’s “CERT squad”) responded to Plaintiff’s cell

and ordered Plaintiff to walk toward the door so that he could be handcuffed. Plaintiff
allegedly complied and was then instructed to “turn around [and] kneel down” in the back
of his cell; he again complied. According to the amendment, Defendant Carter then
ordered Clark, Parks, Walker, and Jackson to extract Plaintiff from his cell. The officers
allegedly entered the cell, “scooped” Plaintiff up, and “slammed” him onto the concrete
floor. Plaintiff was then allegedly punched multiple times in the ribs before he was lifted
to his feet and taken to the infirmary.

Plaintiff claims that Defendants broke his

collarbone and three of his ribs.
These allegations, when viewed liberally and in the light most favorable to Plaintiff,
are sufficient for Plaintiff’s Eighth Amendment claims against Defendants Carter, Clark,
Parks, Walker, and Jackson to now go forward. It is thus ORDERED that service be
made on these defendants and that they file an Answer or such other response as may be
appropriate under Rule 12 of the Federal Rules of Civil Procedure, 28 U.S.C. § 1915, and
the Prison Litigation Reform Act. Defendants are further reminded of the duty to avoid
unnecessary service expenses and of the possible imposition of expenses for failure to
waive service pursuant to Rule 4(d).
SO ORDERED, this 14th day of April 2014.
/s/ Stephen Hyles
UNITED STATES MAGISTRATE JUDGE

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