United States District Court, W.D. Arkansas, Harrison Division
JEFFREY L. SMITH PLAINTIFF
SHERIFF JOHN MONTGOMERY, Baxter County, Arkansas; JAILER TONY BECK; and JAILER GARY KOCHA DEFENDANTS
OPINION AND ORDER
Timothy L. Brooks, Judge
a civil rights case filed by the Plaintiff, Jeffrey L. Smith,
under the provisions of 42 U.S.C. § 1983. Plaintiff also
asserts a claim under the Americans with Disabilities Act
("ADA"). Plaintiff proceeds pro se and
in forma pauperis ("IFP"). He is currently
incarcerated in the Grimes Unit of the Arkansas Department of
Prison Litigation Reform Act ("PLRA") modified the
IFP statute, 28 U.S.C. § 1915, to require the Court to
screen complaints for dismissal under § 1915(e)(2)(B).
The Court must dismiss a complaint, or any portion of it, if
it contains claims that: (a) are frivolous or malicious; (b)
fail to state a claim upon which relief may be granted; or,
(c) seek monetary relief from a defendant who is immune from
such relief. 28 U.S.C. § 1915(e)(2)(B).
to the allegations of the Amended Complaint (Doc. 13),
Plaintiff was being held at the Baxter County Detention
Center ("BCDC") on a parole violation pending
transfer to the ADC. Plaintiff was held at the BCDC from
August 5, 2017, until September 20, 2017.
at the BCDC, Plaintiff contends his constitutional rights
were violated in the following ways:
(1) He was not provided with "balanced nutritional meals
sufficient in quantity, quality, nutritionally to prevent
healthy and safe continuance of life"; and, as to the
custom or policy supporting an official capacity claim,
Plaintiff alleges "failure to properly supervise daily
operations" of the facility. Id. at 4-5.
(2) Defendants failed to dispense medication in accordance
with prescribed amounts and times; and, as to the custom or
policy supporting an official capacity claim, Plaintiff
alleges "failure to properly dispense medications as
required by the bottle it was in. An[d] as prescribed by
plaintiff's Primary Care Physician." Id. at
(3) Defendants failed to upgrade all areas of the facility
"so as to bring [it] into compliance with [the ADA]. . .
. Failure to attach assist bars for handicapped in showers
and other required areas." Id. at 6-7.
respect to his medication, Plaintiff has attached a jail
request form addressed to the attention of Lieutenant Lewis
stating his blood pressure medication dosage had been changed
from twice a day to once a day. He stated this could result
in heart failure or stroke. In response, he was told the
request would be forwarded to the nurse. Id. at 8.
sues the Defendants in both their individual and official
capacities. As relief, Plaintiff seeks compensatory and
punitive damages. He also requests an order directing
"Defendants to bring their facilities into compliance
with Title II of the [ADA] and barring retaliation against
Plaintiff." Id. at 7.
the PLRA, the Court is obligated to screen a case prior to
service of process being issued. A claim is frivolous when it
"lacks an arguable basis either in law or fact."
Neitzke v. Williams, 490 U.S. 319, 325 (1989). A
claim fails to state a claim upon which relief may be granted
if it does not allege "enough facts to state a claim to
relief that is plausible on Its face." Bell Atl. v.
Twombly, 550 U.S. 544, 570 (2007). The Court bears In
mind, however, that when "evaluating whether a pro
se plaintiff has asserted sufficient facts to state a
claim, we hold 'a pro se complaint, however
inartfully pleaded, ... to less stringent standards than
formal pleadings drafted by lawyers."' Jackson
v. Nixon, 747 F.3d 537, 541 (8th Cir. 2014) (quoting
Erickson v. Pardus, 551 U.S. 89, 94 (2007)).