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Smith v. Helder
United States District Court, W.D. Arkansas, Fayetteville Division
September 15, 2017
LEON MICHAEL SMITH PLAINTIFF
SHERIFF TFM HELDER; MAJOR RANDALL DENZER; DEPUTY GERADO CERVANTES, ET AL. DEFENDANTS
HOLMES, III CHIEF U.S. DISTRICT JUDGE.
Leon Michael Smith, filed this action pursuant to 42 U.S.C.
§1983. He proceeds pro se and has filed an
application to proceed in forma pauperis. The case
is before the Court for preservice screening under the
provisions of the Prison Litigation Reform Act (PLRA).
Pursuant to 28 U.S.C. § 1915A, the Court has the
obligation to screen any complaint in which a prisoner seeks
redress from a governmental entity or officer or employee of
a governmental entity. 28 U.S.C. § 1915A(a).
to the allegations of the complaint (ECF No. 1), Plaintiff
was booked into the Washington County Detention Center (WCDC)
on July 9, 2017. It is not clear from the Complaint if
Plaintiff was in convicted status or pretrial status (ECF No.
1 at 3). He indicates he was in jail on a charge of
misdemeanor loitering and contempt of court but then states
the date of his conviction or probation or parole revocation
was July 9, 2017. Id.
alleges his constitutional rights were violated in the
(1) He was denied a blanket from July 9th to July 11th by
Deputy Cervantes, Deputy Howerton, and other unnamed guards;
(2) Deputy Cervantes made Plaintiff put a chemical designed
only for the hair all over his body resulting in his having a
bad chemical burn that required him to get lotion every day
from the "med cart;"
(3) Plaintiff was put in handcuffs and escorted to a cell by
Deputy Cervantes, Deputy Howerton, and other unnamed
officers. Plaintiff was taken to the back wall where there
was a large painting of a blade and made to get on his knees
directly under the painting. Deputy Cervantes then drew his
Taser and put it first to the back of the Plaintiffs head and
then to his back. Plaintiff indicates the Taser had a
"little red beam light on it." The words "rest
in peace Zack missed but never forgotten" were written
on the wall. Plaintiff indicates Zack was a friend he used to
write to. Plaintiff states he was taken by
"surprise" by this. The officers then left
Plaintiff in the cell;
(4) The cell did not have an intercom button to push to get
the attention of the guards;
(5) Plaintiff did not receive hygiene supplies until the
following Sunday, July 16, 2017;
(6) Plaintiff was denied his hour out until July 13, 2017;
(7) Plaintiff had a seizure and had no way to summon help.
Finally, an inmate, outside the cell, pushed the button for
the Plaintiff and he was taken by unnamed deputies to the
nurses' station. He was returned to the same cell where
he had no access to an intercom button;
(8) Plaintiff had a panic attack and another seizure and the
unnamed guards were slow in responding. Plaintiff alleges he
(9) Plaintiff was denied his mental health medication;
(10) Plaintiff contends he should have never been housed with
inmates in the maximum security pod;
(11) Deputy Tim Taylor opened Plaintiffs cell door before the
other inmates in the pod were locked down. As Plaintiff was
walking out into the next pod for his hour out, he alleges he
was jumped by three inmates causing him physical injuries.
Plaintiff alleges Deputy Bookout, Deputy Taylor, Deputy
Atchley, Deputy Wingate, and Deputy Minor were slow to break
up the fight and did not use their equipment such as pepper
spray or Tasers to control the fight; and
(12) After he complained about there being no intercom
button, Plaintiff alleges he was put in a "strap down
chair" by Deputy Hill, ...
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