United States District Court, W.D. Arkansas, Texarkana Division
VINCENT J. COLEMAN PLAINTIFF
SERGEANT GRIFFIE, Miller County Detention Center “MCDC”; OFFICER PATTERSON, MCDC; WARDEN WALKER, MCDC; CAPTAIN ADAMS, MCDC; OFFICER HENDERSON, MCDC; OFFICER POOLE, MCD; OFFICER RICHARDSON, MCDC; And SHERIFF RUNION, Miller County, Arkansas DEFENDANTS
O. HICKEY UNITED STATES DISTRICT JUDGE.
a civil rights action filed by Plaintiff Vincent J. Coleman
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 November 1, 2018. (ECF No. 1). His
application to proceed in forma pauperis
(“IFP”) was granted the same day. (ECF No. 3).
Plaintiff is currently incarcerated in the Miller County
Detention Center (“MCDC”) awaiting trial on
pending criminal charges and serving a sentence as a result
of a judgment of conviction. (ECF No. 1, p. 3). Plaintiff
sets forth five claims in his Complaint. However, many
allegations in these claims overlap and are repeated against
describes Claim 1 as “Use of Offensive words or actions
- Protected Class - Toward an Offender Mistreatment of
offenders.” He alleges on October 1, 2018:
Griffie and other officers conducted a cell search on . . .
[other inmates] myself. Aimed guns in our face, which by law,
7 feet or more is legal distance to use on inmates. When I
informed this info. Sgt. Griffie handled the situation
unprofessional calling me nigga, using other obscene
gestures, threats saying he will pop a cap in my
ass…offensive words and threats or (actions) toward me
while I was handcuffed facing toward the wall. Left me in a
state of shock and fear. Fearing that my life/safety of well
being was actually in danger . . . .
(ECF No. 1, pp. 5-6).
Claim 2, Plaintiff states: “Use of excessive or
unnecessary force - Non-Provoked-without serious
injuries.” Id. at 7. Plaintiff repeats the
allegations set forth in Claim 1 relating to the incident on
October 1, 2018, but clarifies that the “guns”
pointed in his face were “pepper ball guns aimed in our
face at a distance less than 7 feet away that could of caused
serious injuries if they would've shot . . . none of us
were showing any sign of aggression . . . .” Plaintiff
alleges this incident caused him “loss of sleep,
paranoia, dis-trust in authority . . . .” Id.
at 8. He claims that Defendants Griffie, Henderson, Poole,
Richardson and Patterson were the officers involved in
pointing the pepper ball guns toward him.
Claim 3, Plaintiff alleges: “Mistreatment of offenders,
Denial of medical care, Harassing or Retaliating against
another individual.” Id. at 9. Again,
Plaintiff refers to the incident on October 1, 2018, and
states that the grievance he filed concerning the incident
“was marked as non-appealable. Stating it was not a
legal concern . . . I feel this is a cover up made by the
captain . . . .” Id. Plaintiff then goes on to
set forth his disapproval of the grievance procedure at the
MCDC and how various defendants inadequately responded or
failed to respond to his grievances. He states “I feel
the grievance system here is not meant for our best interest
of safety and well being. And constantly puts our well being
in danger . . . .” He also alleges he sent a medical
request on October 17, 2018 stating:
I can't sleep at night, waking up at the sound of keys
and the opening of doors only at fear thinking something is
going to happen to me. This feeling of fear didn't start
until after the incident that occurred on Oct. 1 . . . .
Response by Capt. G. Adams 10-23-18 . . . . I will arrange
for you to be placed on P.C. to ease your mind. I feel this
is further evidence of him trying to cover this incident up,
also denying me medical care.
On 10-24-18 Capt. Adams put me on lockdown. . . . I feel this
is Harassing or Retaliating.
Id. at 12.
Plaintiff describes Claims 4 and 5 as “Mistreatment of
Offenders, ” he simply restates his frustration with
and complaints about the MCDC's grievance procedure that
he set forth in Claim 3 and identifies Warden Walker ...