Michael Doerhoff v. Arkansas Department of Corrections; Dexter Payne, Director of ADC, in his official capacity; Gary Kerstein, M.D., Turn Key/ADC; and Tracy Bennett, N.P., Turn Key/ADC

E.D. Arkansas

Michael Doerhoff v. Arkansas Department of Corrections; Dexter Payne, Director of ADC, in his official capacity; Gary Kerstein, M.D., Turn Key/ADC; and Tracy Bennett, N.P., Turn Key/ADC

District Court, E.D. Arkansas·Decided June 18, 2026·No. 4:26-cv-00074·Unknown

Opinion

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS CENTRAL DIVISION

MICHAEL DOERHOFF ADC #140323 PLAINTIFF

Vv. No. 4:26-cv-74-DPM-JJV ARKANSAS DEPARTMENT OF CORRECTIONS; DEXTER PAYNE, Director of ADC, in his official capacity; GARY KERSTEIN, M.D., Turn Key/ADC; and TRACY BENNETT, N.P., Turn Key/ADC DEFENDANTS

ORDER On de novo review, the Court partly adopts and partly denies the recommendation, Doc. 21. Fed R. Civ. P. 72(b)(3). Doerhoff objects to the recommended dismissal of his Americans with Disabilities Act claim. The Court must read his complaint as a whole. Braden v. Wal-Mart Stores, Inc., 588 F.3d 585, 594 (8th Cir. 2009). He repeatedly refers to his ulcerative colitis throughout the complaint. Doc. 1 at 4 1, 15-18, 22, 24, 28, 33 & 34. His ADA claim incorporates all the preceding paragraphs. While his opening disability paragraph cites hearing loss and mobility problems, it expands that reference with an “(among other impairment)” parenthetical. Doc. 1 at 37. Then Doerhoff specifically seeks accommodations “necessary to manage frequent bowel movements and rectal bleeding.” Doc. 1 at § 39. Doerhoff pleaded a

plausible and solid ulcerative colitis ADA claim. See, e.g., Hall v. Higgins, 77 F.4th 1171, 1182 (8th Cir. 2023). It goes forward.

Motion to dismiss, Doc. 12, granted in part and denied in part. Doerhoff’s Eighth Amendment conditions of confinement claim against Director Payne is dismissed without prejudice. The Court directs the Clerk to terminate Director Payne as a defendant. The rest of Doerhoff’s claims proceed. So Ordered.

D.P. Marshall Jr. United States District Judge LE Guie Do Ale

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

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS CENTRAL DIVISION

MICHAEL DOERHOFF ADC #140323 PLAINTIFF

Vv. No. 4:26-cv-74-DPM-JJV ARKANSAS DEPARTMENT OF CORRECTIONS; DEXTER PAYNE, Director of ADC, in his official capacity; GARY KERSTEIN, M.D., Turn Key/ADC; and TRACY BENNETT, N.P., Turn Key/ADC DEFENDANTS

ORDER On de novo review, the Court partly adopts and partly denies the recommendation, Doc. 21. Fed R. Civ. P. 72(b)(3). Doerhoff objects to the recommended dismissal of his Americans with Disabilities Act claim. The Court must read his complaint as a whole. Braden v. Wal-Mart Stores, Inc., 588 F.3d 585, 594 (8th Cir. 2009). He repeatedly refers to his ulcerative colitis throughout the complaint. Doc. 1 at 4 1, 15-18, 22, 24, 28, 33 & 34. His ADA claim incorporates all the preceding paragraphs. While his opening disability paragraph cites hearing loss and mobility problems, it expands that reference with an “(among other impairment)” parenthetical. Doc. 1 at 37. Then Doerhoff specifically seeks accommodations “necessary to manage frequent bowel movements and rectal bleeding.” Doc. 1 at § 39. Doerhoff pleaded a

plausible and solid ulcerative colitis ADA claim. See, e.g., Hall v. Higgins, 77 F.4th 1171, 1182 (8th Cir. 2023). It goes forward.

Motion to dismiss, Doc. 12, granted in part and denied in part. Doerhoff’s Eighth Amendment conditions of confinement claim against Director Payne is dismissed without prejudice. The Court directs the Clerk to terminate Director Payne as a defendant. The rest of Doerhoff’s claims proceed. So Ordered.

D.P. Marshall Jr. United States District Judge LE Guie Do Ale

Michael Doerhoff v. Arkansas Department of Corrections; Dexter Payne, Director of ADC, in his official capacity; Gary Kerstein, M.D., Turn Key/ADC; and Tracy Bennett, N.P., Turn Key/ADC, (E.D. Ark. 2026).

Pincite

Michael Doerhoff v. Arkansas Department of Corrections; Dexter Payne, Director of ADC, in his official capacity; Gary Kerstein, M.D., Turn Key/ADC; and Tracy Bennett, N.P., Turn Key/ADC (Michael Doerhoff v. Arkansas Department of Corrections; Dexter Payne, Director of ADC, in his official capacity; Gary Kerstein, M.D., Turn Key/ADC; and Tracy Bennett, N.P., Turn Key/ADC) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related