United States District Court, W.D. Arkansas, Harrison Division
OPINION AND ORDER
TIMOTHY L. BROOKS UNITED STATES DISTRICT JUDGE
a civil rights action filed by Plaintiff pursuant to 42
U.S.C. § 1983. Plaintiff proceeds pro se and
in forma pauperis.
is currently incarcerated in the Arkansas Department of
Correction (ADC), Grimes Unit. At all times relevant to this
lawsuit, Plaintiff was incarcerated in the Boone County
Detention Center (BCDC). During his incarceration in the
BCDC, he maintains he was denied post-surgery radiation
treatment for testicular cancer. The case is before the Court
on a motion to dismiss (Doc. 37) the official capacity claims
filed by Separate Defendant, Nurse Jodi Woods. Plaintiff has
responded (Doc. 44) to the motion to dismiss.
in the custody of the ADC in 2014, Plaintiff alleges he was
diagnosed with testicular cancer and underwent a
"radical form of surgery." Once he had healed up
from the surgery, he was to undergo radiation therapy. Before
he underwent the radiation therapy, Plaintiff was released on
after he got out, Plaintiff was re-arrested on a parole
revocation charge and detained at the BCDC. He states he
advised detention center personnel that he had cancer and
still needed the radiation treatments.
respect to Nurse Woods, Plaintiff alleges he told her several
times that he had scrotal pain and abdominal pain and needed
radiation treatment. Plaintiff states that he even showed her
the surgical scar. Plaintiff alleges she ignored his pleas
for help, but she did finally have him sign a medical release
form so that she could obtain his medical records.
alleges he filed grievance after grievance trying to get
medical help. He states Defendants refused to do blood tests,
an MRI, x-rays, and he was given nothing for pain management.
He maintains the Defendants knowingly interfered with his
to the Plaintiff, the Sheriff suggested he file a writ of
habeas corpus asking the state court to release him so that
he could obtain medical care. Plaintiff indicates his wife
talked with Nurse Woods and Sheriff Moore about Plaintiffs
need for medical care.
alleges that Jason Day called the Plaintiff into his office
and said he was a "liability" because of his
medical condition. Day stated if it were up to him, he would
let the Plaintiff go. Plaintiff alleges Day made many calls
for Plaintiff trying to get him in front of Judge Webb to be
8(a) contains the general pleading rules and requires a
complaint to present "a short and plain statement of the
claim showing that the pleader is entitled to relief."
P. 8(a)(2). "In order to meet this standard, and survive
a motion to dismiss under Rule 12(b)(6), 'a complaint
must contain sufficient factual matter, accepted as true, to
state a claim for relief that is plausible on its
face.'" Braden v. Wal-Mart Stores, Inc.,
588 F.3d 585, 594 (8th Cir. 2009) (quoting, Ashcroft v.
Iqbal, 556 U.S. 662, 678 (2009)).
plausibility standard requires a plaintiff to show at the
pleading stage that success on the merits is more than a
'sheer possibility.'" Braden, 588 F.3d
at 594 (quoting Iqbal, 556 U.S. at 678). The
standard does "not impose a probability requirement at
the pleading stage; it simply calls for enough fact to raise
a reasonable expectation, " or reasonable inference,
that the "defendant is liable for the misconduct
alleged." Iqbal, 556 U.S. at 678; see also
Stone v. Harry,364 F.3d 912, 914 (8th Cir. ...