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Brown v. Bledsoe

March 30, 2009

ROYCE E. BROWN SR., PLAINTIFF,
v.
B. A. BLEDSOE, ET AL., DEFENDANTS.



The opinion of the court was delivered by: William D. Stiehl District Judge

MEMORANDUM AND ORDER

STIEHL, District Judge

Plaintiff, a federal inmate at the United States Penitentiary located in Terre Haute, Indiana (USP-Terre Haute), brings this action for deprivations of his constitutional rights pursuant to Bivens v. Six Unknown Named Agents of Fed. Bureau of Narcotics, 403 U.S. 388 (1971), and the Federal Tort Claims Act (FTCA), 28 U.S.C. § 2671 et seq. This case is now before the Court for a preliminary review of the complaint pursuant to 28 U.S.C. § 1915A, which provides:

(a) Screening

The court shall review, before docketing, if feasible or, in any event, as soon as practicable after docketing, a complaint in a civil action in which a prisoner seeks redress from a governmental entity or officer or employee of a governmental entity.

(b) Grounds for Dismissal

On review, the court shall identify cognizable claims or dismiss the complaint, or any portion of the complaint, if the complaint--

(1) is frivolous, malicious, or fails to state a claim on which relief may be granted; or

(2) seeks monetary relief from a defendant who is immune from such relief.

28 U.S.C. § 1915A. An action or claim is frivolous if "it lacks an arguable basis either in law or in fact." Neitzke v. Williams, 490 U.S. 319, 325 (1989). An action fails to state a claim upon which relief can be granted if it does not plead "enough facts to state a claim to relief that is plausible on its face." Bell Atlantic Corp. v. Twombly, 127 S.Ct. 1955, 1974 (2007). Upon careful review of the complaint and the supporting exhibits, the Court finds that no claim in the original complaint may dismissed at this point in the litigation.

THE COMPLAINT

Plaintiff alleges that on two consecutive days he was beaten by prison guards while he was restrained. During the second attack, Plaintiff further alleges that unknown guards also urinated on him. Finally, Plaintiff contends that he suffered physical injuries (a cut on his ankle and nerve damage to his right arm) as a result of the attacks and the restraints and that he was not provided adequate medical treatment for these injuries..

DISCUSSION

Plaintiff's claim that Defendants Sample, Millerra, Berry, Mays, Boaz, and Brimer used excessive force on him in violation of the Eighth Amendment survive review under ยง ...


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