McNeill v. Allen, No. 1:15–cv–70–FDW.

• Court: United States District Courts. 4th Circuit. Western District of North Carolina
• Writing for the Court: FRANK D. WHITNEY, Chief Judge.
• Citation: 106 F.Supp.3d 711
• Parties: Kendric Demarcus McNEILL, Plaintiff, v. Captain Scott ALLEN, Defendant.
• Decision Date: 26 May 2015
• Docket Number: No. 1:15–cv–70–FDW.

106 F.Supp.3d 711

Kendric Demarcus McNEILL, Plaintiff,
v.
Captain Scott ALLEN, Defendant.

No. 1:15–cv–70–FDW.

United States District Court, W.D. North Carolina, Asheville Division.

Signed May 26, 2015.

106 F.Supp.3d 713

Kendric Demarcus McNeill, Asheville, NC, pro se.

ORDER

FRANK D. WHITNEY, Chief Judge.

THIS MATTER is before the Court on initial review of Plaintiff's Complaint pursuant to 28 U.S.C. § 1915(e) and § 1915A, (Doc. No. 1). On May 8, 2015, the Court entered an order waiving the initial filing fee and directing monthly payments to be made from Plaintiff's prison account. (Doc. No. 6). Thus, Plaintiff is proceeding in forma pauperis.

I. BACKGROUND

Pro se Plaintiff Kendric Demarcus McNeill is a pre-trial detainee currently incarcerated at the Buncombe County Detention Facility. Plaintiff filed this action on April 6, 2015, pursuant to 42 U.S.C. § 1983, naming as the sole Defendant Scott Allen, identified as a Captain with the Buncombe County Sheriff's Office. Plaintiff purports to bring a claim against Defendant Allen for deliberate indifference to serious medical needs based on Plaintiff's allegations that jail staff did not adequately treat Plaintiff for his injuries—specifically, pain—after he slipped and fell in his cell. Specifically, Plaintiff alleges the following:

On February 6, 2015 around 11:00–11:30, I was coming out [of] my cell for lunch ... when I slipped and fell in a puddle of water that [had] been sitting there for a while according to inmates who have written and testif[ied] to [in] their statements.

106 F.Supp.3d 714

My blood pressure was [taken] and I was helped back to my room by the officer on duty after I explained to the nurse what happened and where I was hurting. I was left for 4 hours before the nurse decide[d] to come back with 3 Ibuprofen. That night I was awoken in terrible pain and called for the nurse about 3 or 4 times which fail[ed] to show up at all and [I] didn't see a nurse until 8–8:30 the next morning only to give me more pills, which I almost regurgitated and I informed them of this and nothing was done. I filed a grievance explaining all this and how the pain got worse over the next 2 days when they just stop[ped] bringing the pills after I was told I would get them for 9 days and told to fill out a sick call. I asked them how when I can barely move around on my own and that I shouldn't have to fill out a sick call and tell them something they already know and that I have a[n] injury that calls for a serious medical need.

(Doc. No. 1 at 3–4). As relief, Plaintiff seeks compensatory damages, and he also requests "to see a real doctor not staff nurses" working at the jail. (Id. at 4).

II. STANDARD OF REVIEW

Because Plaintiff is proceeding in forma pauperis, the Court must review the Complaint to determine whether it is subject to dismissal on the grounds that it is "frivolous or malicious [or] fails to state a claim on which relief may be granted." 28 U.S.C. § 1915(e)(2). Furthermore, § 1915A requires an initial review of a "complaint in a civil action in which a prisoner seeks redress from a governmental entity or officer or employee of a governmental entity," and the court must identify...