Jefferson v. Hudgens et al

Filing 5

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that plaintiff's motion to proceed in forma pauperis [ECF No. 2] is GRANTED. IT IS FURTHER ORDERED that the plaintiff must pay an initial filing fee of $63 within thirty (30) days of the date of th is Order. Plaintiff is instructed to make his remittance payable to "Clerk, United States District Court," and to include upon it: (1) his name; (2) his prison registration number; (3) the case number; and ( 4) that the remittance is for an original proceeding. IT IS FURTHER ORDERED that the Clerk is directed to serve process on defendants J. Hudgens and M. Bolden, both of whom are alleged to be correctional officers at the SoutheastCorrectional Center. IT IS FURTHER ORDERED defendant s R. Lincoln, C. Cosey, R. Beggs, and I. Wallace are DISMISSED without prejudice. IT IS FURTHER ORDERED that plaintiffs official-capacity claims are DISMISSED. An Order of Partial Dismissal will be issued separately. ( Initial Partial Filing Fee due by 10/11/2016.) Signed by District Judge John A. Ross on 9/9/2016. (JMC)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
SOUTHEASTERN DIVISION

WILLIE JEFFERSON,
Plaintiff,

v.
J. HUDGENS, et al.,
Defendants.

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No. 1:16-CV-219 ACL

MEMORANDUM AND ORDER

Plaintiff, a prisoner, seeks leave to proceed in forma pauperis in this civil action under 42
U.S.C. § 1983. Having, reviewed plaintiffs financial information, the Court assesses a partial
initial filing fee of $63, which is twenty percent of his average monthly deposit. See 28 U.S.C.
§ 1915(b).
Standard of Review

·Under 28 U.S.C. § 1915(e), the Court is required to dismiss a complaint filed in forma
pauperis if it is frivolous, malicious, or fails to state a claim upon which relief can be granted.
To state a claim for relief under § 1983, a complaint must plead more than "legal conclusions"
and "[t]hreadbare recitals of the elements of a cause of action [that are] supported by mere
conclusory statements." Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009).

A plaintiff must

demonstrate a plausible claim for relief, which is more than a "mere possibility of misconduct."
Id. at 679. "A claim has facial plausibility when the plaintiff pleads factual content that allows

the court to draw the reasonable inference that the defendant is liable for the misconduct ,
alleged." Id at 678. Determining whether a complaint states a plausible claim for relief is a

context-specific task that requires the reviewing court to draw on its judicial experience and
common sense. Id. at 679.
When reviewing a complaint under § 1915(e), the Court accepts the well-pled facts as
true. Furthermore, the Court liberally construes the allegations.
The Complaint

Plaintiff brings this action against several officials at the Southeast Correctional Center
(SECC) for deliberate indifference to his serious medical needs.

On October 5, 2015, he

fractured bones in his left foot during a softball game. He was taken to the medical unit for an
X-ray. The physician notified him that he had a fracture and ordered that he place no weight on
it until it was determined whether he would need a cast. The doctor gave him crutches.
On October 21, 2015, he received a conduct violation for possessing contraband.
Defendant J. Hudgens took away his crutches, handcuffed him, and ordered him to walk
approximately a quarter mile to Housing Unit One. Plaintiff told him that the doctor ordered him
not to place any weight on his foot, but Hudgens insisted that he walk. Defendant M. Bolden
joined Hudgens and also forced plaintiff to hop on his foot. As a result, plaintiff fell to the
ground.
Plaintiff attempted to hop on his right foot as they traveled. He was unable to, however,
and he told defendants that he could not make it. Hudgens told plaintiff that if he could not
walk, he could do it the "hard way." At that point, defendants dragged plaintiff about 150 to the
"Captain's Shack." At that point, plaintiff was allowed to ride in a vehicle to the Housing Unit.
Hudgens gave plaintiff a conduct violation for refusing to follow his orders. Defendant
R. Lincoln read the conduct violation to plaintiff. Defendant C. Cosey found plaintiff guilty

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during the classification hearing and ordered plaintiff to spend thirty days in administrative
segregation.
While he was being processed for transfer to administrative segregation, and after he was
transferred there, he was not allowed to use crutches and was made to walk on his left foot.
Defendant I. Wallace denied plaintiffs grievance. There are no allegations concerning
defendant R. Beggs. It appears from plaintiffs exhibits that she may have been involved in the
grievance process.
On June 13, 2016, the Deputy Division Director of the Division of Adult Institutions
found that plaintiff should not have been given the conduct violation for disobeying an order.
The Director noted that the "medical records reflected that [plaintiff was] on medical restriction
with a broken foot." He dismissed the conduct violation and expunged it from plaintiffs file.
A year later, plaintiffs foot has not properly healed.
Discussion

The Court finds that the complaint states a plausible claim of deliberate indifference to
his serious medical needs against defendants Hudgens and Boldin. As a result, these defendants
will be required to respond to the complaint.
To state a claim for medical mistreatment, plaintiff must plead facts sufficient to indicate
a deliberate indifference to serious medical needs. Estelle v. Gamble, 429 U.S. 97, 106 (1976);

Camberos v. Branstad, 73 F.3d 174, 175 (8th Cir. 1995). Allegations of mere negligence in
giving or failing to supply medical treatment will not suffice. Estelle, 429 U.S. at 106. In order
to show deliberate indifference, plaintiff must allege that he suffered objectively serious medical
needs and that defendants actually knew of but deliberately disregarded those needs. Dulany v.

Carnahan, 132 F.3d 1234, 1239 (8th Cir. 1997). To the extent that plaintiff asserts deliberate

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indifference claims against defendants Lincoln or Cosey, the claims fail because he has not
alleged that they were aware that he would be forced to walk on his foot after his transfer to
administrative segregation. As a result, these defendants are dismissed.
"Liability under § 1983 requires a causal link to, and direct responsibility for, the alleged
deprivation of rights." Madewell v. Roberts, 909 F.2d 1203, 1208 (8th Cir. 1990); see Ashcroft

v. Iqbal, 556 U.S. 662, 676 (2009) ("Because vicarious liability is inapplicable to Bivens and
§ 1983 suits, a plaintiff must plead that each Government-official defendant, through the
official's own individual actions, has violated the Constitution."); Camberos v. Branstad, 73
F.3d 174, 176 (8th Cir. 1995) ("a general responsibility for supervising the operations of a prison
is insufficient to establish the personal involvement required to support liability."); George v.

Smith, 507 F. 3d 605, 609 (7th Cir. 2007) ("Only persons who cause or participate in the
[constitutional] violations are responsible.

Ruling against a prisoner on an administrative

complaint does not cause or contribute to the violation."). Plaintiffs allegations do not show
that either Beggs or Wallace were directly responsible for plaintiffs injuries. Therefore, these
defendants are dismissed.
Plaintiffs official-capacity claims against defendants are barred by sovereign immunity.

See Kentucky v. Graham, 473 U.S. 159, 165-66 (1985); Murphy v. Arkansas, 127 F.3d 750, 754
(8th Cir. 1997). Consequently, the official-capacity claims are dismissed.
Accordingly,

IT IS HEREBY ORDERED that plaintiffs motion to proceed in forma pauperis [ECF
No. 2] is GRANTED.

IT IS FURTHER ORDERED that the plaintiff must pay an initial filing fee of $63
within thirty (30) days of the date of this Order. Plaintiff is instructed to make his remittance

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payable to "Clerk, United States District Court," and to include upon it: (1) his name; (2) his
prison registration number; (3) the case number; and (4) that the remittance is for an original
proceeding. 1

IT IS FURTHER ORDERED that the Clerk is directed to serve process on defendants
J. Hudgens and M. Bolden, both of whom are alleged to be correctional officers at the Southeast
Correctional Center.

IT IS FURTHER ORDERED defendants R. Lincoln, C. Cosey, R. Beggs, and I.
Wallace are DISMISSED without prejudice.

IT IS FURTHER ORDERED that plaintiffs official-capacity claims are DISMISSED.
An Order of Partial Dismissal will be issued separately.
Dated this 9th day of September, 2016.

JOHNfA.. OSS
UNIT
STATES DISTRICT JUDGE

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Prisoners must pay the full amount of the $350 filing fee. After payment of the initial partial filing fee, the
prisoner is required to make monthly payments of 20 percent of the preceding month's income credited to the
prisoner's account. The agency having custody of the prisoner will deduct the payments and forward them to the
Court each time the amount in the account exceeds $10. 28 U.S.C. § 1915(b)(2).

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