Travis Tyrone Petty v. Dep. Branson, Dep. Hendrich, Dep. J. Macklin, Dep. T. Shue, Dep. Bennett

Summary

This Report and Recommendation addresses a pro se, in forma pauperis 42 U.S.C. § 1983 action brought by pretrial detainee Travis Tyrone Petty against several Spartanburg County deputies. The magistrate judge recommends summary dismissal because the pleadings do not sufficiently allege the defendants’ personal involvement or plausible claims for excessive force, deliberate indifference to medical needs, or malicious prosecution.

Holdings

1. The pleadings failed to state a § 1983 claim because they did not allege specific conduct or personal involvement by any named defendant.
2. The pleadings failed to state a deliberate-indifference claim because Petty did not identify an individual responsible for denying medical care, and the attached records showed that he received medical evaluation and hospital treatment.
3. The pleadings failed to state a constitutional malicious-prosecution claim because Petty did not allege that the criminal proceedings ended without a conviction.
4. The allegations and attached incident reports did not state a plausible excessive-force claim because the force used to subdue and transport Petty was objectively reasonable in light of his flight, resistance, threats to officer safety, and continuing efforts to interfere with transport.

Questions Presented

1. Whether the pleadings stated a plausible § 1983 claim against the named defendants when they were identified in the caption but not linked to specific conduct in the body of the pleadings.
2. Whether the allegations stated a deliberate-indifference claim based on an alleged denial of medical care.
3. Whether the allegations stated a malicious-prosecution claim.
4. Whether the allegations and attached incident reports stated a Fourth Amendment excessive-force claim.

Disposition

dismissed