United States District Court, W.D. Arkansas, Hot Springs Division
MAGISTRATE JUDGE'S REPORT AND
BARRY A. BRYANT UNITED STATES MAGISTRATE JUDGE
a civil rights action provisionally filed pursuant to 42
U.S.C. Â§ 1983. Pursuant to the provisions of 28 U.S.C. Â§
636(b)(1) and (3)(2011), the Honorable Susan O. Hickey, Chief
United States District Judge, referred this case to the
undersigned for the purpose of making a Report and
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).
filed his Complaint on July 16, 2019. (ECF No. 1). He alleges
that on February 6, 2018, Defendant Nurse John Doe denied him
“proper medicine treatment” for a flu virus.
(Id. at 4). Plaintiff alleges he put in a sick call
because he was coughing up yellow mucous mixed with blood.
(Id. at 4, 8). Plaintiff alleges he was taken to the
day clinic where he was seen by Defendant Doe, who told him
he had no signs of suffering from the flu. (Id. at
8-9). Plaintiff alleges she did not take his vital signs,
such as his blood pressure or temperature, while he was in
the clinic. (Id.).
told him she would prescribe him pain medication, but he
never received the pain medication even though he paid a
three-dollar copay for the visit. He also never received any
Mucinex pills. (Id. at 8). Later in his Complaint,
Plaintiff alleges she denied him “vaccine and
medicine” for the flu. (Id. at 10). Plaintiff
alleges she wrote that he had no symptoms of flu on his sick
call request “to cover up for her actions.”
(Id. at 9). Plaintiff alleges that her failure to
treat him for flu provoked an incident between himself and
Corporal Walters. This incident resulted in Plaintiff being
placed in behavior control for three days. After those three
days he was “already over the flu.” (Id.
alleges Defendant Stieve is the “main boss” and
supervises the Wellpaths nurses. He alleges Stieve refused to
provide the name of the Doe Nurse who denied Plaintiff
medical care for the flu by denying him “vaccine and
medicine.” (Id. at 9-10).
proceeds against both Defendants in their official and
personal capacity. (Id. at 4). He seeks compensatory
and punitive damages. (Id. at 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 Atlantic 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)). 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).
Official Capacity Claims
Corporation is a private correctional health care services
corporation contracted with the ADC to provide those
services. Defendants are identified as employees of Wellpaths
Corporation. Through this contract, Wellpaths Corporation and
Defendants are acting under color of state law and are
subject to suit under § 1983. West v. Atkins,487 U.S. 42 (1988); Burke v. North Dakota Dept. of