Carl Adkins v. Cookie Crews, et al.

Summary

The United States District Court for the Western District of Kentucky conducted an initial review under 28 U.S.C. § 1915A of a pro se prisoner's § 1983 complaint. The court allowed an Eighth Amendment excessive-force claim against a correctional officer to proceed, dismissed official-capacity claims and requests for injunctive relief, and terminated the remaining defendants.

Holdings

1. The complaint stated an individual-capacity Eighth Amendment excessive-force claim against Harris sufficient to proceed past initial review. The court expressly did not determine the claim's merits or ultimate outcome.
2. The official-capacity damages claims against the defendants were dismissed for failure to state a claim and because the defendants were immune from such relief.
3. The official-capacity claims for injunctive relief against Crews and Plappert were dismissed as moot because Adkins had been transferred away from KSP.

Questions Presented

1. Whether the complaint stated an actionable § 1983 claim based on Harris's alleged use of excessive force in violation of the Eighth Amendment.
2. Whether official-capacity claims for damages against Kentucky state officials and employees were barred because such defendants are not persons subject to damages liability under § 1983 and are immune under the Eleventh Amendment.
3. Whether Adkins's official-capacity claims for injunctive relief were rendered moot by his transfer from Kentucky State Penitentiary.

Disposition

other