Colon v. Reniger

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS NORTHERN DIVISION JOSE ALICEA COLON PLAINTIFF #223016 V. No. 3:22-CV-00278-KGB-JTR ETHAN RENIGER, Jailer, Cross County Detention Center, et al. DEFENDANTS ORDER Plaintiff Jose Alicea Colon (“Colon”), a pretrial detainee in the Cross County Detention Center (“CCDC”), has filed a pro se § 1983 Complaint alleging Defendants violated his constitutional rights. Doc. 2. Before he may proceed with this action, the Court must screen his claims.1 Colon alleges that, on August 14, 2022, while he was on the second floor of the CCDC’s F-Unit, his “blood pressure and … sugar drop[ped],” causing him to pass out. Doc. 2 at 6. Other inmates called for help, and Defendant Officer Ethan Reniger (“Reniger”) arrived and “allowed 4 inmates to carry [Colon] down the stairs on a jail mat.” Id. The Prison Litigation Reform Act requires federal courts to screen prisoner complaints, and to 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. 28 U.S.C. ' 1915A(a) & (b). When making this determination, a court must accept the truth of the factual allegations contained in the complaint, and it may consider documents attached to the complaint. Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009); Reynolds v. Dormire, 636 F.3d 976, 979 (8th Cir. 2011).

While carrying him on the mat, however, the inmates “drop[ped Colon] down the steps,” causing him to injure his back and knee. /d. The inmates then picked Colon back up and carried him down to the first floor where he was “seen by [a] nurse and tak[en] by ... ambulance to the hospital.” Jd.

For screening purposes only, Colon will be allowed to proceed with his inadequate medical care and failure to protect claim against Reniger.* See Farmer v. Brennan, 511 U.S. 825, 832 (1994) (“[P]rison officials must ensure that inmates receive adequate ... medical care, and must take reasonable measures to guarantee the safety of the inmates.’’) (internal quotations and citation omitted).

IT IS THEREFORE ORDERED THAT: 1. Colon is ALLOWED TO PROCEED with his inadequate medical care and failure to protect claim against Reniger.

2. The Clerk is directed to issue a summons for Reniger. The United States Marshal is directed to serve the summons, Complaint (Doc. 2), and this Order on him at the CCDC, without prepayment of fees or costs.* DATED this 3rd day of November, 2022.

\ Wrenn re tee arr Colon’s claims against all other Defendants will be addressed in a separate Partial Recommended Disposition.

3 If Reniger is no longer employed by Cross County, the person responding to service must provide the Court, under seal, with Colon’s last-known mailing address.