Martin v. Sargent

780 F.2d 1334
Court of Appeals for the Eighth Circuit·Decided December 20, 1985·No. No. 85-2058·Published·Cited by 1,546 cases

Opinion

McMILLIAN, Circuit Judge.

Allen F. Martin appeals pro se from a district court1 order dismissing his complaint for failure to state a claim. Appellant brought his claims under 42 U.S.C. § 1983 seeking declaratory, injunctive and monetary relief for numerous alleged violations of his eighth amendment rights by Arkansas prison officials and employees. He named as defendants: Willis Sargent, Warden of the Cummins Unit; Tim Baltz, Warden of the Wrightsville Unit; Brad Hendricks, Assistant Warden of the Wrightsville Unit; Rick Mashburn, Security Chief of the Wrightsville Unit; K.L. Strickland, Administrative Review Officer of the Wrightsville Unit; and B. Buchanan, Infirmary Supervisor of the Wrightsville Unit. In dismissing the complaint, the district court reasoned that appellant failed to allege facts to demonstrate that appellees’ actions affected him personally. For the reasons discussed below, we affirm in part and reverse in part and remand the case to the district court for further proceedings.

As a preliminary matter, we must decide whether to treat appellee Sargent’s motion as one to dismiss for failure to state a claim or as one for summary judgment. Under Fed.R.Civ.P. 12(b), when matters outside the pleadings are presented with a motion to dismiss for failure to state a claim and the district court does not exclude them, the motion should be treated as one for summary judgment as provided in Fed.R.Civ.P. 56. See Carter v. Stanton, 405 U.S. 669, 671, 92 S.Ct. 1232, 1234, 31 L.Ed.2d 569 (1972). This court has applied the rule when both parties have filed affidavits and exhibits with their cross-motions, Evans v. McDonnell Aircraft Corp., 395 F.2d 359, 361 (8th Cir.1968), or when the district court relied upon matters outside the pleadings of the one party who filed them. See Court v. Hall County, 725 F.2d 1170, 1172 (8th Cir.1984); Woods v. Dugan, 660 F.2d 379, 380 (8th Cir.1981); Jensen v. Klecker, 599 F.2d 243, 245 (8th Cir.1979). In the present case both appel-lee Sargent and appellant filed affidavits. They did not, however, file them in regard to responsive motions. Moreover, the district court did not rely upon the affidavits [1337] in dismissing appellant’s claims. Therefore, the district court properly treated the motion as one for dismissal for failure to state a claim.

I. Willis Sargent

Appellant brings several claims against Sargent for injunctive and declaratory relief to improve the general conditions at Cummins. “The equitable remedy is unavailable absent a showing of irreparable injury, a requirement that cannot be met where there is no showing of any real or immediate threat that the plaintiff will be wronged again____” City of Los Ange-les v. Lyons, 461 U.S. 95, 111, 103 S.Ct. 1660, 1670, 75 L.Ed.2d 675 (1983). Consequently, a prisoner’s claim for injunctive relief to improve prison conditions is moot if he or she is no longer subject to those conditions. See Wycoff v. Brewer, 572 F.2d 1260,1262 (8th Cir.1978). Appellant is now imprisoned in the Wrightsville Unit. Thus, his claims for injunctive relief are moot. For the same reason, he does not have standing to seek declaratory relief. See Vorbeck v. Schnicker, 660 F.2d 1260, 1265 (8th Cir.1981), cert. denied, 455 U.S. 921, 102 S.Ct. 1278, 71 L.Ed.2d 462 (1982). Nonetheless, he retains standing to bring his claims for monetary damages. Wycoff v. Brewer, 572 F.2d at 1261.

Many of appellant’s claims against Sargent do not allege any personal injury. Rather, the claims allege mistreatment of other prisoners. A prisoner cannot bring claims on behalf of other prisoners. See Miner v. Brackney, 719 F.2d 954, 956 (8th Cir.1983) (per curiam), cert. denied, — U.S. -, 104 S.Ct. 3554, 82 L.Ed.2d 856 (1984); Carter v. Romines, 560 F.2d 395, 395 (8th Cir.1977) (per cu-riam), cert. denied, 436 U.S. 948, 98 S.Ct. 2854, 56 L.Ed.2d 790 (1978). A prisoner must allege a personal loss. Therefore, appellant lacks standing to bring claims alleging mistreatment of other prisoners.

Other claims against Sargent are merely general and conclusory allegations. For example, appellant alleged that “[b]oth medical and routine health care at the Cum-mins Unit are, when available at all, ... inadequate____ The standards at the Cum-mins Unit are well below those generally accepted as adequate within the jurisdiction of this court, and the State of Arkansas.” Complaint t[ X, O.R. 3. Appellant further alleged that “[t]he disciplinary court at said unit does not abide by the due process clause. The committee chairperson, Lt. Ruhge, has no regard for prisoners’ rights or whether due process is given to prisoners while in court.” Id. 11XIV, O.R. 3. Although it is to be liberally construed, a pro se complaint must contain specific facts supporting its conclusions. Kay lor v. Fields, 661 F.2d 1177, 1183 (8th Cir.1981). Appellant fails to allege such facts and these claims were correctly dismissed.

Appellant does make several specific claims that he was abused by members of prison staff, none of whom are defendants. He alleges that he was (1) verbally abused and physically threatened due to his religious beliefs, (2) subjected to racial slurs, (3) physically abused for falling behind in his work, and (4) denied class status because of the length of his hair. Appellant does not allege that Sargent had any knowledge or connection with these incidents. Rather, appellant argues that Sargent should be liable for all events in the prison by virtue of his supervisory position. Such claims are predicated on a respondeat superior theory which does not apply in § 1983 suits for damages. Marchant v. City of Little Rock, 741 F.2d 201, 204-05 (8th Cir.1984). Therefore, the district court properly dismissed these claims as well.

Appellant also alleges that Sargent assigned him to tasks beyond his physical abilities. Compelling prisoners to work beyond their strength is a violation of the eighth amendment. Ray v. Mabry, 556 F.2d 881, 882 (8th Cir.1977). Thus, appellant states a claim.

Free access — add to your briefcase to read the full text and ask questions with AI

Martin v. Sargent, 780 F.2d 1334 (8th Cir. 1985).

780 F.2d 1334 (Martin v. Sargent) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

Raper v. Anderson
W.D. Arkansas, 2022
Kelly v. Newberry
W.D. Arkansas, 2022
Francis v. Baker
W.D. Arkansas, 2022
Vann v. Johnson
W.D. Arkansas, 2022
Sanders v. Rodriguez
W.D. Arkansas, 2022
Latin v. Exum
W.D. Arkansas, 2022
Morgan v. Wilson
W.D. Arkansas, 2022
McCotry v. Holloway
W.D. Arkansas, 2022
Harvey v. Beckham
W.D. Arkansas, 2022
Francis v. McIntosh
W.D. Arkansas, 2022
Rettstatt v. Golden
W.D. Arkansas, 2022
Jackson v. Black
W.D. Arkansas, 2022
West v. Jackson
W.D. Arkansas, 2022
McClure v. Bethell
W.D. Arkansas, 2022
Harris v. Ball
W.D. Arkansas, 2022
Pitts v. Seratt
W.D. Arkansas, 2022