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Monaco v. Helder

United States District Court, W.D. Arkansas, Fayetteville Division

June 21, 2018

TREY LORENZO MONACO PLAINTIFF
v.
SHERIFF TIM HELDER; SERGEANT SETH PARTAIN; SERGEANT JEB BYRD; SERGEANT JOHN BYRD; and SERGEANT MISTY THOMSON DEFENDANTS

          OPINION

          P. K. HOLMES, III CHIEF U.S. DISTRICT JUDGE

         Plaintiff, Trey L. Monaco, filed this action pursuant to 42 U.S.C. §1983. He 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. 28 U.S.C. § 1915A(a).

         I. BACKGROUND

         According to the allegations of the Amended Complaint (ECF No. 8), from March 19, 2018, to March 22, 2018, Plaintiff, who was housed in isolation, did not receive his daily hour out of his cell. He contends this constituted cruel and unusual punishment that caused “temporary insanity.” Plaintiff alleges Sergeant Seth Partain, Sergeant Jeb Byrd, Sergeant Misty Thomson, and Sergeant John Byrd “failed to do th[ei]r duties” when they did not let him have his hour out for “3 days straight.” Plaintiff alleges the sergeants “run the pods” and Sheriff Helder “is over the jail.” Plaintiff further alleges he was treated inhumanely. He indicates that while he was in isolation he attempted to strangle himself.[1] He alleges the sergeants “have a duty to fulfill and failed to do that.” With respect to Sheriff Helder, Plaintiff alleges he is over the jail and failed to make sure the sergeants performed their duties. Plaintiff asserts that the harm caused was “temporary insanity.”

         As relief, Plaintiff seeks compensatory damages.

         II. LEGAL STANDARD

         Under 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. § 1915A(b).

         A claim 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, 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 claim on which relief can be granted.” Hall v. Bellmon, 935 F.2d 1106, 1110 (10th Cir. 1991)(citations omitted).

         III. DISCUSSION

         Section 1983 provides a federal cause of action for the deprivation, under color of law, of a citizen's "rights, privileges, or immunities secured by the Constitution and laws" of the United States. In order to state a claim under 42 U.S.C. § 1983, plaintiff must allege that the defendant acted under color of state law and that he violated a right secured by the Constitution. West v. Atkins, 487 U.S. 42 (1988); Dunham v. Wadley, 195 F.3d 1007, 1009 (8th Cir. 1999). The deprivation must be intentional; mere negligence will not suffice to state a claim for deprivation of a constitutional right under § 1983. Daniels v. Williams, 474 U.S. 327 (1986); Davidson v. Cannon, 474 U.S. 344 (1986).

         The Eighth Amendment to the United States Constitution prohibits the imposition of cruel and unusual punishment.[2] U.S. Const. amend. VIII. The Cruel and Unusual Punishment Clause of the Eighth Amendment forbids conditions that involve the “wanton and unnecessary infliction of pain, ” or are “grossly disproportionate to the severity of the crime.” Rhodes v. Chapman, 452 U.S. 337, 347 (1981).

         “[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 for his safety and general well-being.” County of Sacramento v. Lewis, 523 U.S. 833, 851 (1998)(citation omitted). The Constitution does not mandate comfortable ...


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