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Hill v. Johnson

United States District Court, W.D. Arkansas, Texarkana Division

August 4, 2016

ALEXIUS M. HILL, Plaintiff,
v.
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.

          Nurse Brittney Cooksy, Defendant, represented by James Levi Cook, Dunn, Nutter & Morgan, L.L.P..

          Y. Morgan, Defendant, represented by Kaylen Suzanne Lewis, Rainwater Holt Sexton PA.

          Byron Griffie, Defendant, represented by Kaylen Suzanne Lewis, Rainwater Holt Sexton PA.

          REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE

          BARRY A. BRYANT, Magistrate Judge.

         Plaintiff Alexius M. Hill filed this case pro se pursuant to 42 U.S.C. § 1983 on April 15, 2016. ECF No. 1. Pursuant to the provisions of 28 U.S.C. § 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.

         Currently before me is a Motion to Dismiss filed by Defendant Cooksy. ECF No. 10. After careful consideration, I make the following Report and Recommendation.

         BACKGROUND

         Plaintiff 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.

         Plaintiff 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.

         APPLICABLE LAW

         Fed. R. 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).

         DISCUSSION

         In her 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 ...


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