Derrick Rollins v. Steven Campbell et al.

Summary

The court screened Derrick Rollins’s 42 U.S.C. § 1983 complaint alleging Eighth Amendment harassment by correctional officer Dale Vick and deliberate inaction by Warden Steven Campbell. The court allowed the claims to proceed against both defendants in their individual capacities, denied the motion for counsel, deemed the motions for status moot, and directed service.

Holdings

1. The allegations that Vick repeatedly engaged in physical, verbal, and sexually suggestive harassment were sufficient to state an Eighth Amendment harassment claim.
2. Rollins stated an Eighth Amendment claim against Warden Campbell by alleging that Campbell ignored requests for assistance concerning the constitutional deprivation.
3. The motion for counsel was denied because Rollins failed to demonstrate that he had first made a reasonable attempt to obtain counsel.

Questions Presented

1. Whether Rollins's allegations stated an Eighth Amendment harassment claim against Corrections Officer Vick under 42 U.S.C. § 1983.
2. Whether Rollins's allegations that Warden Campbell ignored his requests for assistance stated a personal-liability claim under 42 U.S.C. § 1983.
3. Whether Rollins was entitled to court-recruited counsel at the screening stage.
4. Whether Rollins's motions for status remained justiciable after entry of the screening order.

Disposition

other