Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Jones v. Moore Police Department

United States District Court, W.D. Oklahoma

November 20, 2017

DAVID ERWIN JONES, JR., Plaintiff,
v.
MOORE POLICE DEPARTMENT, et al., Defendants.

          REPORT AND RECOMMENDATION

          BERNARD M.JONES UNITED STATES MAGISTRATE JUDGE

         Plaintiff, a pretrial detainee appearing pro se, brings this action pursuant to 42 U.S.C. § 1983 alleging violations of his federal constitutional rights. The matter has been referred by United States District Judge Stephen P. Friot for initial proceedings consistent with 28 U.S.C. § 636(b)(1)(B) and (C). An initial review of Plaintiff's Complaint [Doc. No. 1] has been conducted pursuant to 28 U.S.C. §§ 1915A and 1915(e)(2). For the following reasons, it is recommended that the claims against the Moore Police Department and the Cleveland County Detention Center be dismissed sua sponte for failure to state a claim upon which relief may be granted.

         I. Named Defendants and Claims Presented

         Plaintiff's claims arise out of his arrest followed by his incarceration in the Cleveland County Detention Center. Plaintiff names as defendants the Moore Police Department, a police officer identified only as “Officer Queen Moore PD, ” the Cleveland County Detention Center (CCDC), and unidentified “medical personnel and Detention Officer.”

         Plaintiff's claims are based on his contention that he did not receive any medical treatment after his arrest by Defendant Queen. Claim One of Plaintiff's Complaint is lodged against Defendant Queen. Plaintiff supports his claim with the following facts:[1]

On apoximently 3:30 AM Aug 15, 2017 Officer Queen from Moore PD found The Plantiff David Jones Jr under a tree at Nodingham Apartments with blood gushing out of his wrist and the defendant through him in the cop car and took him to jail with no medical treatment and that is legally not allowed.

Pl.'s Comp. [Doc. No. 1], 3.

Claim two is lodged against CCDC and its “medical & Detention Officers.”
On aproximently between 4:00 AM and 5:00AM Cleveland County Detention Center Officers did not give proper medical treatment to David Jones Jr when he was gushing blood from his wrist from a suicide attempt on Aug. 15, 2017 and that is against the Sixth amendment for adaqute medical care.

Id. at 4

         II. Standard for Dismissal

         Pursuant to 28 U.S.C. §§ 1915A and 1915(e)(2)(B)(ii), dismissal of a complaint is proper where the action fails to state a claim upon which relief may be granted or seeks monetary relief from one who is immune from such relief.

         The Court's review of a complaint under § 1915(e)(2)(B)(ii) mirrors that required by Fed.R.Civ.P. 12(b)(6). The Court must accept the plaintiff's allegations as true and construe them, and any reasonable inferences to be drawn from them, in the light most favorable to the plaintiff. See Kay v. Bemis, 500 F.3d 1214, 1217 (10th Cir. 2007). Because Plaintiff is proceeding pro se, his complaint must be construed liberally. Id. at 1218. The Court “review[s] the complaint for plausibility; that is, to determine whether the complaint includes enough facts to state a claim to relief that is plausible on its face.” Young v. Davis, 554 F.3d 1254, 1256 (10th Cir. 2009)(quotations and citation omitted). “Threadbare recitals of the elements of a cause of action, supported by mere conclusory statements, do not suffice.” Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009).

         Applying this standard, Plaintiff's action fails to state plausible claims for relief against Defendants ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.