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Case 5:13-cv-00281-DPM-JTR Document 5 Filed 09/19/13 Page 1 of 3

IN THE UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF ARKANSAS

PINE BLUFF DIVISION

JAMES THOMAS WALTHALL,
ADC #117156

PLAINTIFF

v.

No. 5:13-cv-281 DPM-JTR

BOHANNON, Clerk/Secretary,
Dub Brassell Detention Center; ADAMS,
Captain at Detention Center, Dub Brassell
Detention Center; WHITE, Corporal - Detention
Officer, Dub Brassell Detention Center; HOFFMAN,
Officer, Detention Officer/Jailer, Dub Brassell
Detention Center; and DUB BRASSELL DETENTION
CENTER

DEFENDANTS

ORDER

1. Walthall has filed this pro se § 1983 action alleging that the

defendants violated his constitutional rights while he was in the Brassell

Detention Center. Ng. 2 & 4. The Court must screen Walthall's complaint and

amended complaint. 28 U.S.C. § 1915A.

2. Walthall has stated plausible claims that defendants Bohannon,

White, and Hoffman violated his constitutional rights when they failed to

provide him with adequate personal hygiene supplies and forced him to sleep

on the floor without any bedding in violation of a doctor's order that he

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Case 5:13-cv-00281-DPM-JTR Document 5 Filed 09/19/13 Page 2 of 3

receive two mattresses. Similarly, Walthall has stated a plausible claim that

defendant Adams learned of the alleged constitutional violations during the

grievance process, but failed to take corrective action. Defendants Bohannon,

White, Hoffman, and Adams will therefore be served.

3.

The Court directs the Clerk to prepare a summons for defendants

Bohannon, White, Hoffman, and Adams. The Court directs the U.S. Marshal

to serve the summons, complaint, amended complaint, and this Order on

them without prepayment of fees and costs or security therefor. If any of the

defendants are no longer Brassell Detention Center employees, the individual

responding to service must file the unserved defendant's last known private

mailing address under seal.

4. Walthall's claims against defendant Brassell Detention Center are

dismissed with prejudice because jails and detention centers are not legal

entities amenable to suit in a§ 1983 action. Owens v. Scott County Jail,328 F.3d

1026, 1027 (8th Cir. 2003).

***

Walthall may proceed with his conditions-of-confinement claim against

Bohannon, White, and Hoffman, and his failure-to-supervise claim against

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Case 5:13-cv-00281-DPM-JTR Document 5 Filed 09/19/13 Page 3 of 3

Adams. Service is ordered on them. Walthall's claims against defendant

Brassell Detention Center are dismissed with prejudice. An in forma

pauperis appeal from this Order would not be taken in good faith. 28 U.S.C.

§ 1915(a)(3).

So Ordered.

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