Jones v. Drinkard

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS NORTHERN DIVISION CHRISTOPHER D. JONES PLAINTIFF ADC #611484 V. No. 3:20CV00166-DPM-JTR KENDALL DRINKARD, Sergeant, North Central Unit, et al. DEFENDANTS ORDER Plaintiff Christopher D. Jones (“Jones”) is a prisoner in the North Central Unit of the Arkansas Division of Correction (“ADC”). He has filed a pro se § 1983 Complaint alleging that Defendants violated his constitutional rights. Doc. 2. Before Jones may proceed with this case, the Court must screen his claims.1 Jones alleges that, on May 11, 2020: (1) Defendants Sergeant Kendall Drinkard, Sergeant Jeremy Alman, Corporal Alexander Delgado, and Corporal Richard Collie used unnecessary and excessive force against him, causing injuries 1The Prison Litigation Reform Act requires federal courts to screen prisoner complaints seeking relief against a governmental entity, officer, or employee. 28 U.S.C. § 1915A(a). The Court must dismiss any claims that: (a) are legally frivolous or malicious; (b) fail to state a claim upon which relief may be granted; or (c) seek monetary relief from a defendant who is immune from such relief. Id. § 1915A(b). When making this determination, a court must accept the truth of the factual allegations contained in the complaint. Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009).

Finally, a pro se complaint must be “liberally construed” and “held to less stringent standards than formal pleadings drafted by lawyers.” Erickson v. Pardus, 551 U.S. 89, 94 (2007).] to his head, face and shoulder; and (2) Defendant Major Keith Day “stood by” and failed to intervene.

The Court concludes, for screening purposes only, that Jones has pled a viable § 1983 claims against each of the Defendants and that his claims should be allowed to proceed.

IT IS THEREFORE ORDERED THAT: 1. Jones may PROCEED with his § 1983 claims against Sergeant Kendall Drinkard, Sergeant Jeremy Alman, Corporal Alexander Delgado, Corporal Richard Collie, and Major Keith Day.

2. The Clerk is directed to prepare a summons for Drinkard, Alman, Delgado, Collie, and Day. The United States Marshal is directed to serve the summons and Complaint (Doc. 2) and this Order on them, through the ADC Compliance Division, without prepayment of fees and costs or security therefor.”

DATED this 23rd day of June, 2020.

UNIT \Yen MA TE JUDGE 2If any Defendant is no longer an ADC employee, the individual responding to service must file a sealed statement providing the unserved Defendant’s last known private mailing address.