Opinion

Eason v. Payne

Court
District Court, E.D. Arkansas
Filed
Nov 15, 2021
Cited by
0 cases
Authority
More cited than 17.0%

The opinion

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF ARKANSAS

DELTA DIVISION

ADARIUS EASON PLAINTIFF

ADC #165382

V. No. 2:21-CV-00050-KGB-JTR

DEXTER PAYNE, Director

Arkansas Division of Corrections, et al. DEFENDANTS

RECOMMENDED DISPOSITION

The following Recommended Disposition has been sent to United States

District Judge Kristine G. Baker. You may file written objections to all or part of

this Recommendation. If you do so, those objections must: (1) specifically explain

the factual and/or legal basis for your objection; and (2) be received by the Clerk of

this Court within fourteen (14) days of the date of this Recommendation. If you do

not file objections, Judge Baker may adopt this Recommendation without

independently reviewing all of the evidence in the record. By not objecting, you may

waive the right to appeal questions of fact.

I. Introduction

Plaintiff, Adarius Eason (“Eason”), a prisoner in the Delta Regional Unit of

the Arkansas Division of Correction (“ADC”), has filed a pro se § 1983 Complaint

alleging that Defendants violated his constitutional rights. Doc. 2. Before Eason may

proceed with this action, the Court must screen his claims.1

II. Discussion

Eason alleges that Defendants Dexter Payne (“Payne”), Dale Reed (“Reed”),

Chrispher Budnick (“Budnick”), Linda Dykes (“Dykes”), and Percy Arnold

(“Arnold”) have violated his constitutional rights by permitting cameras to be

directed on the bathroom of his barracks, which allows guards—including female

guards—to observe him as he uses the restroom and showers. Doc. 2 at 3.

The Eighth Circuit has previously held that “prison officials did not violate a

clearly established constitutional right by allowing female guards to monitor [male

inmates] through surveillance cameras.” Bell v. Conard, 749 Fed. Appx. 490, 491

(8th Cir. 2019) (affirming preservice dismissal) (citing Timm v. Gunter, 917 F.2d

1093, 1102 (8th Cir. 1990) (“Whatever minimal intrusions on an inmate’s privacy

may result from [opposite-sex] surveillance, whether the inmate is using the

bathroom, showering, or sleeping in the nude, are outweighed by institutional

1The Prison Litigation Reform Act requires federal courts to screen prisoner complaints,

and to dismiss any claims that: (a) are legally frivolous or malicious; (b) fail to state a claim upon

which relief may be granted; or (c) seek monetary relief from a defendant who is immune from

such relief. 28 U.S.C. ' 1915A(a) & (b). When making this determination, a court must accept

the truth of the factual allegations contained in the complaint, and it may consider documents

attached to the complaint. Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009); Reynolds v. Dormire, 636

F.3d 976, 979 (8th Cir. 2011).

concerns for safety and equal employment opportunities.”)); see also Hill v.

McKinley, 311 F.3d 899, 903 (8th Cir. 2002) (holding that a female detainee’s

constitutional rights were not violated when she was required to undress in front of

a male guard).

Accordingly, Eason’s Complaint fails to state a viable § 1983 claim and

should be dismissed, without prejudice.

III. Conclusion

IT IS THEREFORE RECOMMENDED THAT:

1. Eason’s claims against Payne, Reed, Budnick, Dykes, and Arnold be

DISMISSED, WITHOUT PREJUDICE.

2. Eason’s Compliant be DISMISSED, WITHOUT PREJUDICE.

3. The dismissal be counted as a “STRIKE,” pursuant to 28 U.S.C. §

1915(g).

DATED this 15th day of November, 2021.

\\rovine

Ae Re one

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.