United States District Court, E.D. Arkansas, Western Division
SHAUN C. ALLEN, Plaintiff,
JOHN STALEY, et al., Defendants.
PROPOSED FINDINGS AND RECOMMENDATIONS INSTRUCTIONS
JEROME T. KEARNEY, Magistrate Judge.
The following recommended disposition has been sent to United States District Judge James M. Moody, Jr. Any party may serve and file written objections to this recommendation. Objections should be specific and should include the factual or legal basis for the objection. If the objection is to a factual finding, specifically identify that finding and the evidence that supports your objection. An original and one copy of your objections must be received in the office of the United States District Court Clerk no later than fourteen (14) days from the date of the findings and recommendations. The copy will be furnished to the opposing party. Failure to file timely objections may result in waiver of the right to appeal questions of fact.
If you are objecting to the recommendation and also desire to submit new, different, or additional evidence, and to have a hearing for this purpose before the District Judge, you must, at the same time that you file your written objections, include the following:
1. Why the record made before the Magistrate Judge is inadequate.
2. Why the evidence proffered at the hearing (if such a hearing is granted) was not offered at the hearing before the Magistrate Judge.
3. The details of any testimony desired to be introduced at the new hearing in the form of an offer of proof, and a copy, or the original, of any documentary or other non-testimonial evidence desired to be introduced at the new hearing.
From this submission, the District Judge will determine the necessity for an additional evidentiary hearing. Mail your objections and "Statement of Necessity" to:
Plaintiff Shaun Allen is an inmate incarcerated at the Faulkner County Detention Center (Jail). He filed this pro se action pursuant to 42 U.S.C. § 1983, alleging unconstitutional conditions of confinement while he was housed at the Lonoke County Detention Center (Jail) from July 2, 2014, until July 8, 2014. Plaintiff asks for monetary relief from Defendants Sheriff John Staley, Lt. Bufford, Officer Dallas, and Assistant Jail Administrator Margie Grigsby.
This matter is before the Court on Plaintiff's Motion and Supplemental Motion for Summary Judgment (Doc. Nos. 69, 73), and Defendants' Motion for Summary Judgment, Brief in support and Statement of Facts (Doc. Nos. 75-78). Plaintiff filed a Response to the Defendants' Motion (Doc. No. 80).
II. AMENDED COMPLAINT
Plaintiff alleges that when he arrived at the Jail on July 2, 2014, he was not provided basic necessities such as a spoon, cup, mat, or bed. (Doc. No. 4) He states he was placed in a two-man cell with two other detainees and was forced to sleep on the floor next to the toilet, where one morning he was sprayed with urine when one of the other inmates used the toilet. ( Id., pp. 2, 3) This arrangement also caused him back, hip, and neck pain and he developed rashes on his body and face. (Id.) In addition, he developed blisters in and around his mouth as a result of eating with his hands. (Id.) When he asked Defendant Dallas on July 2when he would be issued a bunk, mat, and utensils, Dallas replied that no open bunks or mats were available and that the Jail was waiting for a supply truck for utensils. (Id.) Dallas also refused to provide Plaintiff with a grievance form. (Id.) Plaintiff later wrote a grievance to Defendant ...