Cogburn v. Arkansas Department of Corrections
This text of Cogburn v. Arkansas Department of Corrections (Cogburn v. Arkansas Department of Corrections) is published on Counsel Stack Legal Research, covering District Court, E.D. Arkansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS NORTHERN DIVISION
KEVIN ANDREW COGBURN PLAINTIFF ADC# 181168 Vv. No. 3:23-cev-157-DPM
JOHN TATE, Lieutenant, Randall L. Williams Unit DEFENDANT
ORDER On de novo review, the Court declines the recommendation, Doc. 17, and sustains the objections, Doc 18, as modified. Cogburn’s having told Lieutenant Tate that he “feared for [his] safety in Barracks (2)” and that his “life was in danger”, Doc. 4 at 1, does not state a failure to protect claim even though Tate threatened to discipline Cogburn if he didn’t return to the barracks and Cogburn was attacked in the shower that night. Vandevender v. Sass, 970 F.3d 972 (8th Cir. 2020). This general and vague statement didn’t provide Lt. Tate sufficient information to support potential liability. And Cogburn pleads no other facts told to, or known by, Lt. Tate that put him on notice of any danger. Motion to dismiss, Doc. 10, granted as modified. Any proposed third amended complaint with more details due by 23 March 2024. The Court will withhold judgment until then.
So Ordered.
D.P. Marshall Jr. United States District Judge an Hruory ava
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