United States District Court, W.D. Arkansas, Texarkana Division
ALEXIUS M. HILL, Plaintiff,
JUDGE KIRK JOHNSON; MEDICAL STAFF OF THE BI-STATE JUSTICE BUILDING; NURSE BRITTNEY COOKSY; CLASSIFICATION OFFICER Y. MORGAN; MEDICAL STAFF OF BOWIE COUNTY CORRECTIONAL CENTER; MATT STEVENS; andBYRONGRIFFIE, Defendants.
Alexius M. Hill, Plaintiff, Pro Se.
Brittney Cooksy, Defendant, represented by James Levi Cook,
Dunn, Nutter & Morgan, L.L.P..
Morgan, Defendant, represented by Kaylen Suzanne Lewis,
Rainwater Holt Sexton PA.
Griffie, Defendant, represented by Kaylen Suzanne Lewis,
Rainwater Holt Sexton PA.
REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE
A. BRYANT, Magistrate Judge.
Alexius M. Hill filed this case pro se pursuant to
42 U.S.C. Â§ 1983 on April 15, 2016. ECF No. 1. Pursuant to
the provisions of 28 U.S.C. Â§ 636(b)(1) and (3)(2011), the
Honorable Susan O. Hickey, United States District Judge,
referred this case to the undersigned for the purpose of
making a Report and Recommendation.
before me is a Motion to Dismiss filed by Defendant Cooksy.
ECF No. 10. After careful consideration, I make the following
Report and Recommendation.
filed his original Complaint on April 15, 2016. ECF No. 1.
That same day I entered an Order directing Plaintiff to
submit an Amended Complaint by April 29, 2016 listing
separately each individual he contends violated his federal
constitutional rights. ECF No. 3. Plaintiff filed his Amended
Complaint on April 22, 2016. ECF No. 6. The claims against
Defendants Johnson, Stevens, Bowie County Correctional Center
and Bi-State Justice Building were dismissed pre-service (ECF
Nos. 7, 14) leaving only the claims against Defendants
Brittany Cooksy, Y. Morgan, and Byron Griffie.
alleges he was denied medical care by Defendant Brittney
Cooksy during his incarceration at the Miller County
Detention Center ("MCDC"). In his Amended Complaint
he states "I have to get on the top rack with broken
ribs the whole time sence I have been in their custody in
pain not being able to breath not being able to sleep barely
could walk or anything and they have been refusing me medical
care and things for pain". ECF No. 6.
Civ. P. 12 (b)(6) provides a motion to dismiss should be
granted on a plaintiff's claim if he "fail[s] to
state a claim upon which relief can be granted." A
complaint should be dismissed for failure to state a claim if
it appears beyond a doubt the plaintiff's complaint can
prove no set of facts to support the plaintiff's
purported cause of action. Schaller Tel. Co. v. Golden
Sky Sys., Inc., 298 F.3d 736, 740 (8th Cir. 2001). In
determining whether to dismiss this action under Rule 12
(b)(6), the Court will assume the facts alleged in
Plaintiff's Complaint are correct and will draw
reasonable inferences from the facts in favor of the
allegations in the Complaint. Turner v. Holbrook,
278 F.3d 754, 757 (8th Cir. 2002); In re Navarre Corp.
Sec. Litig., 299 F.3d 735, 738 (8th Cir. 2002).
Motion to Dismiss (ECF No. 11), Defendant Cooksey states at
all times relevant, she was an employee of Southern Health
Partners, Inc. ECF No. 11. She correctly points out Plaintiff
has indicated in his Amended Complaint he is only suing
Defendant Cooksey in her official capacity. She argues
Plaintiff has failed to allege any facts to show that an
official institutional policy or custom of Southern ...