Buford v. WellPath

United States District Court for the Eastern District of Arkansas

Buford v. WellPath

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS CENTRAL DIVISION

STEPHEN LOUIS SHERMOND BUFORD ADC #116840 PLAINTIFF

V. NO. 4:23-cv-00443-KGB-ERE

WELLPATH and SHARON ROLLANS DEFENDANTS

ORDER

Stephen Louis Shermond Buford, an Arkansas Division of Correction (“ADC”) inmate, filed this lawsuit pro se under

42 U.S.C. § 1983

. Doc. 1. Mr. Buford’s complaint alleges that, on February 28, 2022: (1) unidentified ADC officers used excessive force against him on two different occasions; (2) Nurse Sharon Rollans witnessed the ADC officers use excessive force against him, but failed to protect him from the second attack by the ADC officers; (3) following the incident, Nurse Rollans failed to provide him adequate medical care to treat his injuries; and (4) WellPath “provided inadequate medical care that did not satisfy the terms of the contract between the provider and the state” (Doc. 1 at 4). Mr. Buford seeks monetary relief. The Court has screened Mr. Buford’s complaint as mandated by 28 U.S.C. § 1915A.1 For screening purposes, Mr. Buford has stated: (1) a failure to protect claim

1 The Prison Litigation Reform Act requires federal courts to screen prisoner complaints against Nurse Rollans; and (2) a medical deliberate indifference claim against Nurse Rollans.2 The Court will issue service for Nurse Rollans by separate Order. In addition, the Court will address Mr. Buford’s claims against WellPath in a separate Recommendation. SO ORDERED 15 May 2023.

af be STATES MAGISTRATE JUDGE

seeking relief against a governmental entity, officer, or employee. 28 U.S.C. § 1915A(a). The Court must dismiss a complaint or a portion thereof if the prisoner has raised 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(b). When making this determination, the Court must accept the truth of the factual allegations contained in the complaint, and it may consider the 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). 2 In his complaint, Mr. Buford does not seek to pursue an excessive force claim against the unidentified ADC officers.

Reference

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