Opinion

Crawford v. Lemon

Court
District Court, E.D. Arkansas
Filed
Feb 28, 2023
Cited by
0 cases
Authority
More cited than 17.1%

The opinion

IN THE UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF ARKANSAS

CENTRAL DIVISION

RICHARD CRAWFORD, PLAINTIFF

#179557

v. 4:23CV00106-BRW-JTK

LEMON, et al. DEFENDANTS

ORDER

Richard Crawford (“Plaintiff”) is in custody at the Pulaski County Detention Center. He

filed a pro se complaint pursuant to 42 U.S.C. ' 1983 and a Motion to Proceed In Forma Pauperis,

which the Court addresses in a separate Order. (Doc. Nos. 1, 4). The Court will now screen

Plaintiff’s claims pursuant to the Prison Litigation Reform Act (“PLRA”).

I. Screening

The PLRA requires federal courts to screen prisoner complaints seeking relief against a

governmental entity, officer, or employee. 28 U.S.C. ' 1915A(a). The Court must dismiss a

complaint or portion thereof if the prisoner has raised 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(b).

An action is frivolous if “it lacks an arguable basis either in law or in fact.” Neitzke v.

Williams, 490 U.S. 319, 325 (1989). Whether a plaintiff is represented by counsel or is appearing

pro se, his complaint must allege specific facts sufficient to state a claim. See Martin v. Sargent,

780 F .2d 1334, 1337 (8th Cir.1985).

An action fails to state a claim upon which relief can be granted if it does not plead “enough

facts to state a claim to relief that is plausible on its face.” Bell Atlantic Corp. v. Twombly, 550

U.S. 544, 570 (2007). In reviewing a pro se complaint under ' 1915(e)(2)(B), the Court must

give the complaint the benefit of a liberal construction. Haines v. Kerner, 404 U.S. 519, 520

(1972). The Court must also weigh all factual allegations in favor of the plaintiff, unless the facts

alleged are clearly baseless. Denton v. Hernandez, 504 U.S. 25, 32 (1992).

II. Facts and Analysis

Plaintiff sued Pulaski County Detention Center Officers Lemon and Smith in their personal

and official capacities. (Doc. No. 1 at 1-2). Plaintiff’s statement of claim reads:

On 2/25/2023, 7a.m. – 3 p.m. shift, I had put in a medical request to see the doctor

and Officer Lemon refused to take me to medical because I didn’t have a mask.

The mask sanction is no longer in effect in this state for Covid 19. When I came

to this jail they didn’t give me a mask and I told Officer Lemon this, and he said I

couldn’t go without a mask, and I asked are you refusing me medical treatment and

he said ‘yes.’ Officer Smith said that’s messed up. They still charged me for the

medical call $5.00. I am a diabetic and have seizures. My blood sugar has been

spiking real bad and have already been to the hospital for having seizures. It

affects me + my health, due to diabetes and seizures. It is inadequate health care

for inmates.

(Id. at 4).

Plaintiff seeks damages and injunctive relief. (Id. at 5).

As explained below, Plaintiff’s Complaint as currently pled fails to state a claim on which

relief may be granted.

A. Official Capacity Claims

Plaintiff sued Defendants in their personal and official capacities seeking damages only.

“A suit against a government officer in his official capacity is functionally equivalent to a suit

against the employing governmental entity.” Veatch v. Bartels Lutheran Home, 627 F.3d 1254,

1257 (8th Cir. 2010). Plaintiff’s claims against Defendants are the equivalent of claims against

Pulaski County.

To establish municipal liability, a plaintiff must prove that an official municipal policy,

deliberately indifferent failure to train or supervise, or unofficial custom caused the constitutional

injury. Corwin v. City of Independence, Missouri, 829 F.3d 695, 699 (8th Cir. 2016) (citing

Monell v. Dep’t of Soc. Servs., 436 U.S. 658, 691 (1978); City of Canton, Ohio v. Harris, 489 U.S.

378, 389 (1989). Plaintiff has not alleged that a policy or custom was the driving force behind

the alleged violation of his rights. As such, Plaintiff cannot establish liability against Pulaski

County.

B. Personal Capacity Claims

Plaintiff brought suit under 42 U.S.C. § 1983. “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). “Because vicarious liability is inapplicable to . . . § 1983 suits, a

plaintiff must plead that each Government-official defendant, through the official’s own individual

actions, has violated the Constitution.” Parrish v. Ball, 594 F.3d 993, 1001 (8th Cir. 2010) (citing

Ashcroft v. Iqbal, 556 U.S. 662, 676 (2009)). Bare allegations void of factual enhancement are

insufficient to state a claim for relief under § 1983. See Iqbal, 556 U.S. at 678.

1. Deliberate Indifference to Serious Medical Needs

Plaintiff identified himself as a pretrial detainee. (Doc. No. 1 at 3). Prison officials

violate a pretrial detainee’s rights under the Due Process Clause of the Fourteenth Amendment

when they show deliberate indifference to his serious medical needs. Ivey v. Audrain County,

Missouri, 968 F.3d 845, 848 (8th Cir. 2020). To succeed on a claim of deliberate indifference to

a medical need, a plaintiff must show he had an objectively serious medical need and prison

officials had actual knowledge of, but deliberately disregarded, that need. East v. Minnehaha

Cty., 986 F.3d 816, 820 (8th Cir. 2021). Stating that a Defendant had “actual knowledge” of a

serious medical need, without pleading additional facts to support the conclusory statement, is

insufficient to state a deliberate indifference to serious medical needs claim. Id. “Deliberate

indifference may be demonstrated by prison guards who intentionally deny or delay access to

medical care or intentionally interfere with prescribed treatment, or by prison doctors who fail to

respond to prisoner’s serious medical needs.” Dulany v. Carnahan, 132 F.3d 1234, 1239 (8th Cir.

1997). “Mere negligence is not sufficient to support a cause of action under § 1983.” Davis v.

Hall, 992 F.2d 151, 153 (8th Cir. 1993).

Plaintiff asserts that Defendant Lemon was deliberately indifferent to Plaintiff’s serious

medical needs because Defendant Lemon would not take Plaintiff to medical when Plaintiff was

not wearing a mask. (Doc. No. 1 at 4). Plaintiff also says he suffers from diabetes and seizures.

(Id.). But nothing in the record indicates Defendant Lemon was aware of Plaintiff’s medical

issues. And it is not clear whether Plaintiff was going to see medical on February 5, 2023 in

connection with his diabetes and seizures or for some other reason. Without establishing that

Defendant Lemon had knowledge of Plaintiff’s serious medical needs, Plaintiff cannot

demonstrate that Defendant Lemon was deliberately indifferent to those needs. The same holds

true for Defendant Smith.

2. Charges for Medical Care

Plaintiff claims he was wrongly charged $5.00 for medical care on February 5, 2023 when

he never saw a doctor that day. (Doc. No. 1 at 4).

An inmate may be required to pay for medical expenses when he can afford it. Roberson

v. Bradshaw, 198 F.3d 645, 647 (8th Cir. 1999). Plaintiff has not alleged that he cannot afford

the charges for medical care, or that he is being denied medical care because he is indigent.

To the extent Plaintiff complains about the $5.00 charge in an effort to get his money back,

that claim fails. In Hudson v. Palmer, the United States Supreme Court held “that an unauthorized

intentional deprivation of property by a state employee does not constitute a violation of the

procedural requirements of the Due Process Clause of the Fourteenth Amendment if a meaningful

postdeprivation remedy for the loss is available.” 468 U.S. 517, 533 (1984). The Court of

Appeals for the Eighth Circuit has recognized Arkansas’s post-deprivation remedies for inmates

asserting the wrongful taking of personal property: conversion and a motion under the Arkansas

Rules of Criminal Procedure. Butler v. Smith, 208 F.3d 217 (8th Cir. 2000) (unpublished).

“Conversion is a common-law tort action for the wrongful possession or disposition of another’s

property.” Hartness v. Nuckles, 2015 Ark. 444, 9 (2015) (internal citations omitted). To state a

conversion claim, a plaintiff must establish that “the defendant wrongfully committed a distinct

act of dominion over the property of another, which is a denial of or is inconsistent with the

owner’s rights.” Id.

Plaintiff’s allegation that he was wrongfully charged for medical care could be brought as

a conversion claim. As such, that claim cannot proceed under 42 U.S.C. § 1983.

C. Superseding Amended Complaint

Plaintiff may amend his Complaint to cure the defects explained above. If Plaintiff

decides to amend, Plaintiff should submit to the Court, within thirty (30) days of the entry date of

this Order, a superseding Amended Complaint that contains in a single document his claims against

all Defendants he is suing. Plaintiff is cautioned that an Amended Complaint renders his original

Complaint without legal effect.1 Only claims properly set out in the Amended Complaint will be

allowed to proceed. Therefore, Plaintiff’s Amended Complaint should: 1) name as a Defendant

each party he believes deprived him of his constitutional rights and whom he wishes to sue

1 “An amended complaint ‘ordinarily supersedes the original and renders it of no legal

effect.’” In Home Health, Inc. v. Prudential Ins. Co. of America, 101 F.3d 600, 603 (8th Cir.

1996), quoting International Controls Corp. v. Vesco, 556 F.2d 665, 668 (2d Cir. 1994) (other

citations omitted).

in this action; 2) provide specific facts against each named Defendant in a simple, concise,

and direct manner, including dates, times, and places if possible; 3) indicate whether he is

suing each Defendant in his/her individual or official capacity, or in both capacities; 4)

explain the reasons for an official capacity claim, if he makes one; 5) explain how each

Defendant’s actions harmed him personally; 6) explain the relief he seeks; and 7) otherwise

cure the defects explained above and set out viable claims.

If Plaintiff does not submit an Amended Complaint, I will recommend that his Original

Complaint be dismissed. See 28 U.S.C. § 1915(e)(2); Loc. R. 5.5(c)(2).

III. Conclusion

IT IS, THEREFORE, ORDERED that:

1. If Plaintiff wishes to submit an Amended Complaint for the Court’s review, he shall

file the Amended Complaint consistent with the above instructions within thirty (30) days from

the date of this Order. If Plaintiff does not submit an Amended Complaint, I will recommend that

his Original Complaint be dismissed. See 28 U.S.C. § 1915(e)(2); Loc. R. 5.5(c)(2).

2. The Clerk of the Court is directed to mail Plaintiff a blank 42 U.S.C. § 1983

Complaint form.

Dated this 28™ day of February, 2023. -

JEROMET.KEARNEY

UNITED STATES MAGISTRATE JUDGE

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.

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