Brandon v. Russell

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS NORTHERN DIVISION SCOTT BRANDON PLAINTIFF V. NO. 3:25-cv-00005-LPR-ERE SHANE RUSSELL, et al. DEFENDANTS ORDER Pro se plaintiff Scott Brandon, a pre-trial detainee at the Sharp County Detention Center (“Detention Center”), filed this lawsuit under 42 U.S.C. § 1983.

Doc. 2. Mr. Brandon’s complaint alleges that Defendants Sheriff Shane Russell, Jail Administrator Edith Elliott, and Sergeant Jessica Hess have been deliberate indifferent to his serious medical needs. He sues Defendants in both their individual and official capacities seeking monetary and injunctive relief. For screening purposes, Mr. Brandon has stated medical deliberate indifference claims against Defend Elliott and Hess in their individual capacities.1 Service is now proper for Screening is mandated by the Prison Litigation Reform Act, which 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 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). those claims. The Court will address Mr. Brandon’s remaining claims in a separate Recommendation.

IT IS THEREFORE ORDERED THAT: 1. The Clerk of Court is directed to prepare summonses for Edith Ellliot and Jessica Hess.

2. The United States Marshal is directed to serve these Defendants with summonses and copies of the complaint (with any attachments) (Doc. 2) without requiring prepayment of fees and costs or security. Service for these Defendants should be attempted through the Sharp County Detention Center, Post Office Box 157, Ash Flat, Arkansas 72513.

SO ORDERED 14 January 2025.