United States District Court, E.D. Arkansas, Eastern Division
Kristine G. Baker United States District Judge.
the Court is the Recommended Partial Disposition submitted by
United States Magistrate Judge J. Thomas Ray (Dkt. No. 11).
Plaintiff Robert Walton filed a partial objection to the
Recommended Partial Disposition (Dkt. No. 14). After careful
review of the Recommended Partial Disposition, a de
novo review of the record, and a review of the
objection, the Court adopts the Recommended Partial
Disposition as its findings in all respects (Dkt. No. 11).
Walton filed a complaint pursuant to 42 U.S.C. § 1983 on
August 13, 2018, suing the Arkansas Department of Correction
(“ADC”), ADC Director Wendy Kelley, CCS Medical,
ADC Medical Administrator Greg Recheigl, Geraldine Campbell,
Adloneya Baker, and Sergeant Dorsey A. Lee, Sr. (Dkt. No. 2).
Mr. Walton alleges that defendants violated his
constitutional right to receive adequate medical care
(Id.). He filed an addendum to the complaint on
August 22, 2018, indicating that he was suing defendants in
both their official and individual capacities, representing
that he has not begun any other lawsuit in federal court
dealing with the same facts involved in this action, and
adding documents as exhibits (Dkt. No. 5). On September 11,
2018, Judge Ray directed Mr. Walton to file an amended
complaint clarifying how certain defendants each personally
participated in violating his constitutional rights; why Mr.
Walton named the ADC and “CCS Medical” as
defendants; and why he named all defendants in both their
individual and official capacities (Dkt. No. 7, at 2-3). Mr.
Walton then filed an amended complaint on October 2, 2018,
withdrawing Director Kelley and Medical Administrator
Recheigl as defendants in the case (Dkt. No. 9). In the
amended complaint, Mr. Walton also asserted that he named the
ADC as a defendant because Sergeant Dorsey is an employee and
representative of the ADC and that Ms. Campbell and Ms. Baker
are employees and representatives of CCS Medical
(Id., at 1). Finally, Mr. Walton represented that he
wished to sue the named defendants in their official
capacities only (Id.).
Recommended Partial Disposition, Judge Ray recommends
dismissing with prejudice defendant ADC because state
agencies, such as the ADC, are not “persons” that
can be sued under § 1983 (Dkt. No. 11, at 3). Judge Ray
also recommends dismissing without prejudice CCS Medical
because a corporation can only be held liable under §
1983 for unconstitutional policies or practices, and Mr.
Walton has made no such allegations in this case
(Id., at 4). Judge Ray further recommends dismissing
without prejudice Director Kelley and Medical Administrator
Reichegl because Mr. Walton withdraws his claims against
these defendants in his amended complaint (Id.).
Finally, Judge Ray recommends that Mr. Walton be allowed to
proceed with his cruel and unusual punishment, inadequate
medical care, and retaliation claims against Sergeant Lee,
Ms. Campbell, and Ms. Baker (Id., at 5). The
remaining defendants were served (Dkt. Nos. 16, 19, 20).
partial objection, Mr. Walton represents that: (1) he does
not know how to present his case; (2) he needs investigation
done; and (3) he needs expert testimony from his surgeon at
University of Arkansas for Medical Sciences
(“UAMS”) (Dkt. No. 14, at 1). Mr. Walton objects
to the Recommended Partial Disposition to the extent that he
believes Medical Administrator Recheigl “should be
responsible for his actions as medical administrator.”
(Id., at 2). Mr. Walton further requests
reconsideration of his motion to appoint counsel
Judge Ray explained in the Recommended Partial Disposition,
Mr. Walton withdraws his claims against Medical Administrator
Recheigl in his amended complaint (Dkt. No. 11, at 4; Dkt.
No. 9). Even if he had not, the Court concludes that Mr.
Walton fails to state a claim upon which relief may be
granted as to Medical Administrator Recheigl. To state a
cognizable claim under § 1983, a complaint must set
forth specific factual allegations describing what each named
defendant allegedly did, or failed to do, that purportedly
violated the plaintiff's constitutional rights.
See, e.g., Dockery v. City of
Garland, No. 4:10CV04071-HFB-JRM, 2011 WL 1167082, at *2
(W.D. Ark. March 10, 2011). Even giving the complaint,
addendum, and amended complaint the benefit of a liberal
construction, as required under Estelle v. Gamble,
429 U.S. 97, 106 (1976), the Court concludes that Mr. Walton
has not alleged the specific role Medical Administrator
Recheigl had in the alleged constitutional violations.
See Madewell v. Roberts, 909 F.2d 1203, 1208 (8th
Cir. 1990) (“Liability under § 1983 requires a
causal link to, and direct responsibility for, the alleged
deprivation of rights.”).
the Court adopts in its entirety the Recommended Partial
Disposition over Mr. Walton's partial objection (Dkt. No.
11). The Court dismisses with prejudice defendant ADC, and
the Court dismisses without prejudice defendants CCS Medical,
Director Kelley, and Medical Administrator Recheigl.
 On the same day that Mr. Walton filed
his partial objections, Mr. Walton also filed a separate
motion for the appointment of counsel (Dkt. No. 15), which
Judge Ray denied by separate order (Dkt. No. 27). For these
reasons, the Court does ...