United States District Court, W.D. Arkansas, Texarkana Division
O. Hickey United States District Judge
a civil rights action filed by Plaintiff Marquis Jamele Lee
Robinson pursuant to 42 U.S.C. § 1983. Plaintiff
proceeds pro se and 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.
filed his Complaint on April 11, 2018. (ECF No. 1). His
application to proceed in forma pauperis
(“IFP”) was granted the same day. (ECF No. 3). In
the order granting IFP, the Court directed Plaintiff to file
an Amended Complaint to clarify his claims against
Defendants. Id. On April 24, 2018, Plaintiff filed
his Amended Complaint. (ECF No. 7).
is currently incarcerated in the Miller County Detention
Center (“MCDC”) awaiting trial on pending
criminal charges. (ECF No. 7, p. 3). He alleges his
constitutional rights were violated when he found a hair in
his food tray on two separate occasions. Plaintiff claims he
reported the incidents to Defendant Peoples and was told
“[i]t is on the kitchen.” (ECF No.7, p. 7). In
addition, Plaintiff states:
My constitutional rights was violated by unclean food Service
unhealthy for me to eat cross-contaminated Food when the Tray
Smell Bad and the Food carts Smell The same, The Kitchen Sgt.
Has a Request page But never Answers It or response to It
About the uncleanness, The Kitchen Sgt Responsibilit is to
provied healthy Food Service under policy . . . Warden
Walker, Capt. Adams, and Lt. Miller, may not Directly Be
Responsibal for the unclean Tray or for the Trays and food
Carts Smelling Bad They Do Share Responsibility when a food
and Health Violation is Reported The tray is till Smell, so
Do the Carts, The Smell Speaks for uncleanness[.]
(ECF No. 7, p. 5).
also claims his rights were violated by “Warden Walker,
Capt. Adams and Lt. Miller not responding to the Reports of
unclean food service[.]” (ECF No. 7, p. 6). Plaintiff
sues Defendants in their individual and official capacities.
He is seeking compensatory and punitive damages. Plaintiff
also requests that the kitchen sergeant be terminated. (ECF
No. 7, p. 7).
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) seeks 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)).
However, even a pro se Plaintiff must allege
specific facts sufficient to support a claim. Martin v.
Sargent, 780 F.2d 1334, 1337 (8th Cir. 1985).
A. Unclean Food and Trays
Plaintiff claims his constitutional rights were violated
because he was served food in the MCDC on trays that smelled
bad and he found a hair in his food on two occasions.
“[W]hen the State takes a person into its custody and
holds him there against his will, the constitution imposes
upon it a corresponding duty to assume some responsibility of
his safety and general well-being.” Cnty. of
Sacramento v. Lewis, 523 U.S. 833, 851 (1998) (citation
omitted). The ...