Filed Date: Aug. 20, 2018
Closed Date: March 11, 2020
Clearinghouse coding complete
On August 20, 2018, 23 inmates at the Pulaski County Jail (PCJ) filed a pro se civil class action against the PCJ and six officials of the PCJ in their official and personal capacities in the U.S. District Court for the Eastern District of Arkansas. The plaintiffs asked the court for monetary and injunctive relief, claiming that they were being kept locked in their cells because the jail was not properly staffed.
On September 12, 2018, Judge James Moody Jr. entered an initial order providing guidelines for proceeding pro se and finding that a request for class certification at this stage was premature; accordingly, he severed the case as twenty-three separate lawsuits. On November 1, 2018, Judge Moody dismissed the case without prejudice due to lack of prosecution, as the plaintiff had failed to comply with the court’s order directing him to provide a current mailing address. On November 20, 2018, the plaintiff filed a notice of change of address, and on December 3, 2018, he filed a motion to reopen the case. On February 13, 2019, Magistrate Judge J. Thomas Ray granted the plaintiff’s motion to reopen the case, but directed the plaintiff to file an amended complaint clarifying how he was personally harmed by the alleged constitutional violations and explaining how each defendant was personally involved in violating his constitutional rights. On March 7, 2019, the plaintiff filed an amended complaint.
Twenty-one of the other cases were all dismissed without prejudice due to lack of prosecution by the other inmates. This instant case and one other case (docket no. 4:18-cv-00552), which was also dismissed without prejudice due to lack of prosecution and reopened, are the only two ongoing cases out of the total twenty-three cases initially filed on this matter.
On June 23, 2019, the Magistrate Judge J. Thomas Ray recommended that plaintiff’s complaint and amended complaint be dismissed and the dismissal of the case be counted as a “strike” pursuant to 28 U.S.C. § 1915(g) (barring inmates from bringing suit if they have previously brought three frivolous lawsuits). The court reasoned that despite its clear instruction to the contrary, the amended complaint “still contains only conclusory allegations that fail to identify any specific individuals, explain how each of them were personally involved in the alleged constitutional violations, or provide any specific facts demonstrating how these alleged constitutional violations resulted in him sustaining any physical injuries,” among other things. The court dismissed the case on July 8, 2019. 2019 WL 2929016.
The plaintiff sought to reopen the case, objecting to the court’s order of dismissal, on July 22, 2019. On July 25, the court declined to reopen the case, as the plaintiff did not put forth any grounds justifying relief from the judgment and order of dismissal.
The plaintiff sought to appeal the case, but his petition for appeal was denied by the U.S. Court of Appeals for the Eighth Circuit on March 11, 2020.
This case is closed.
Summary Authors
Lisa Limb (3/29/2019)
Bogyung Lim (7/23/2020)
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/8124547/parties/allen-v-holladay/
Moody, James Maxwell Jr. (Arkansas)
Ray, J. Thomas (Arkansas)
Moody, James Maxwell Jr. (Arkansas)
Ray, J. Thomas (Arkansas)
See docket on RECAP: https://www.courtlistener.com/docket/8124547/allen-v-holladay/
Last updated April 15, 2024, 3:16 a.m.
State / Territory: Arkansas
Case Type(s):
Special Collection(s):
Key Dates
Filing Date: Aug. 20, 2018
Closing Date: March 11, 2020
Case Ongoing: No
Plaintiffs
Plaintiff Description:
Plaintiff is an inmate in the Pulaski County Jail who alleged that he and other prisoners were being kept locked in their cells, in violation of their constitutional and civil rights, because the jail is not properly staffed.
Plaintiff Type(s):
Public Interest Lawyer: No
Filed Pro Se: Yes
Class Action Sought: Yes
Class Action Outcome: Denied
Defendants
Pulaski County Jail (Pulaski), County
Defendant Type(s):
Case Details
Causes of Action:
Constitutional Clause(s):
Available Documents:
Outcome
Prevailing Party: Defendant
Nature of Relief:
Source of Relief:
Issues
General:
Staff (number, training, qualifications, wages)
Jails, Prisons, Detention Centers, and Other Institutions:
Assault/abuse by staff (facilities)
Type of Facility: