United States District Court, W.D. Arkansas, Fayetteville Division
OPINION AND ORDER
TIMOTHY L. BROOKS JUDGE
Shane A. Penny, filed this action pursuant to 42 U.S.C.
§ 1983. He proceeds pro se and in forma
pauperis. Plaintiff is incarcerated in the Benton County
Detention Center ("BCDC"). He names as Defendants
Sheriff Holloway, Lieutenant Holt, Dawn Osborn, Thelma
Snodgrass, and Trinity Food Group.
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. §
to the allegations of the Complaint (Doc. 7), on January
10-11, 2018, kitchen staff did not follow food safety rules,
causing meat to spoil and resulting in most of the jail
"being poisoned." Plaintiff asserts that the
trustees do not care about the inmates' safety.
alleges the food carts are merely rinsed off and are never
sanitized. He also contends the coolers used for drinks are
only rinsed and never taken apart and sanitized. He alleges
the food sits on the carts for hours at a time, and the
temperature of the food is never taken. Further, he alleges
the trustees are allowed to serve food without gloves.
respect to Sheriff Holloway, Plaintiff alleges he does not
hold his employees accountable. Plaintiff believes Lieutenant
Holt should be held accountable for not supervising the
kitchen contractors. Plaintiff maintains that Trinity should
be held liable for allowing employees to act as they
"wish and not follow laws." Finally, Plaintiff
alleges Dawn Osborn and Thelma Snodgrass should be held
liable for allowing tainted meat to be served.
also asserts a denial of medical care claim. Plaintiff states
the kiosk used to submit requests for medical treatment was
down. Plaintiff alleges he asked the deputies several times
to see the medical staff and was told they were too busy.
Plaintiff asserts that he was vomiting blood for two days.
indicates that the inmates were provided with approximately
12 ounces of Gatorade a day. Plaintiff alleges Sheriff
Holloway and Lieutenant Holt neglected their duty to provide
him with access to medical treatment and medications.
sues the Defendants in both their individual and official
capacities. As relief, he asks for compensatory damages and
punitive damages. He also asks that the kitchen be subject to
tighter regulations to ensure no food poising incidents occur
again. He also asks that the jail be made to operate in a
much more humane way.
the PLRA, the Court is obligated to screen the case prior to
service of process being issued. The Court must dismiss a
complaint, or any portion of it, if it contains claims that:
(1) are frivolous, malicious, or fail to state a claim upon
which relief may be granted; or, (2) seek monetary relief
from a defendant who is immune from such relief. 28 U.S.C.
is frivolous if "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. Corp. v. Twombly, 550 U.S.
544, 570 (2007). "In 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)).
mere conclusory allegations with no supporting factual
averments are insufficient to state a claim upon which relief
can be based. Allen v. Purkett,5 F.3d 1151, 1153
(8th Cir. 1993); see also Stone v. Harry, 364 F.3d
912, 914 (8th Cir. 2004). "[A] pro se plaintiff requires
no special legal training to recount the facts surrounding
his alleged injury, and he must provide such facts if the
court is to determine whether he makes out a ...