Clemons v. Summers et al, No. 5:2014cv00171 - Document 7 (E.D. Ark. 2014)
Court Description: ORDER adopting 4 Proposed Findings and Recommendations with a note on Clemons's objections. Because Clemons hasn't alleged that he was physically injured, he can't recover in federal court. 42 U.S.C. § 1997e(e). Signed by Judge D. P. Marshall Jr. on 5/22/2014. (jak)
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Clemons v. Summers et al Doc. 7 IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION L.C. CLEMONS ADC # 93134 PLAINTIFF v. No. 5:14-cv-171-DPM-JTK SUMMERS, Correctional Officer II, ADC, Pine Bluff Work Complex; HAYWOOD, Correctional Officer II, ADC, Pine Bluff Work Complex; EARL, COil, ADC, Pine Bluff Work Complex; METCALF, Captain, ADC, Pine Bluff Work Complex; COBBS, Major, ADC, Pine Bluff Work Complex DEFENDANTS ORDER Opposed recommendation, NQ 4, adopted with a note on Clemons's objections. FED. R. CIV. P. 72(b)(3). The situation was regrettable and, as Director Kelley recognized, preventable. NQ 6 at 4. But whether the guards delayed Clemons intentionally or by accident, any Eighth Amendment claim still fails as a matter of law. Because Clemons hasn't alleged that he was physically injured, he can't recover in federal court. 42 U.S.C. ยง 1997e(e). So Ordered. Dockets.Justia.com
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