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Hale v. Adams County Jail

April 13, 2009

TONI HALE, PLAINTIFF,
v.
ADAMS COUNTY JAIL, ET AL DEFENDANTS



The opinion of the court was delivered by: Harold A. Baker United States District Judge

CASE MANAGEMENT AND MERIT REVIEW ORDER

This cause is before the court for case management and merit review of the plaintiff's amended complaint. On December 16, 2008, the plaintiff submitted a letter to the court which was filed as a complaint based on the claims in the letter. The court also entered an order informing the plaintiff that if she wished to proceed with a lawsuit, she must either pay a filing fee or a motion to proceed in forma pauperis. December 18, 2008 Text Order. The Clerk of the Court was directed to send the plaintiff a blank complaint form so she could more clearly identify her intended defendants. Id. The plaintiff has now filed her motion to proceed in forma pauperis and an amended complaint.

The court is required by 28 U.S.C. §1915A to "screen" the plaintiff's complaint, and through such process to identify and dismiss any legally insufficient claim, or the entire action if warranted. A claim is legally insufficient if it "(1) is frivolous, malicious, or fails to state a claim upon which relief may be granted; or (2) seeks monetary relief from a defendant who is immune from such relief."

28 U.S.C. §1915A

The plaintiff has named 14 defendants from the Adams County Jail in her amended complaint including the Adams County Jail; Correctional Officers Magee McGee, Deena Coleman, Cool, Troutyetter, Tiffany, Boden, Jhon Smith and Winston; Warden Baker; Jail Administrator Chad Downs; Sergeants Bruce Harmon and Galloway; and the nursing staff.

The plaintiff says she was pregnant during her incarceration at the jail, but the defendants refused her medical care and repeatedly used excessive force. As a result, the plaintiff says her baby was born with mental retardation. The plaintiff's complaint provides a rambling account of her stay in the jail, but here are the individual allegations:

1) Defendant Chad Downs and an unidentified nurse refused the plaintiff's requests for medical care when she believed she was pregnant.

2) Officer Winston and Smith drug the plaintiff down a hall when she asked for a pair of pants.

3) Officers Troutyetter, McGee and Coleman "drug me down a hall, used unnecessary force." (Comp, p. 7)

4) Diane Coleman used unnecessary force when she struck the plaintiff.

5) Officer Cool attempted to taser the plaintiff even after she told him she was pregnant.

6) Officer Chad Downs ordered Troutyetter, McGee, Coleman and Cool to strap the plaintiff down to a chair.

7) Officer McGee grabbed the plaintiff by the neck, slammed her to the ground, put a knee in her back and twisted her arm. The plaintiff says she felt sharp pains in her stomach.

8) Officer Colman, McGee and Cool strapped the plaintiff to a chair when she was pregnant and applied the straps so tightly it cut off her ...


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