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Ferrell v. Williams County Sheriffs Office

United States District Court, D. North Dakota, Northwestern Division

November 4, 2014

Justin Lamar Ferrell, Plaintiff,
v.
Williams County Sheriffs Office, Williston Police Department, Ryan Enggerman Williston PD, Sam Aide Williston PD, Defendants.

REPORT AND RECOMMENDATION

CHARLES S. MILLER, Jr., Magistrate Judge.

The plaintiff, Justin Lamar Ferrell ("Ferrell"), is a pretrial detainee at the Williams County Correctional Center ("WCCC"). He initiated the above-entitled civil rights action under 42 U.S.C. § 1983 with the submission of a pro se complaint. This matter is now before the court for review as mandated by 28 U.S.C. §1915A.

I. BACKGROUND

On October 16, 2014, the court received a complaint from Ferrell setting forth claims of excessive force and deliberate indifference to his medical needs. In his complaint Ferrell asserts:

My right elbow was busted open and needed stitches but was refused medical attention for four days until a bad infection wet in then I was taken to the ER Mercy Medical Williston. My neck and back was hurt after being thrown down states while in handcuffs behind my back. Officer Sam Aide and Officer Ryan Enggerman came got me out of my cell, cuffed me bent my wrist to touch my forearm then tumbled me down stairs jumped on me along with several more Williston PD and Sheriff Department cops tased me All this was done because someone was kicking their door after we got locked down so the shift on duty called all the street cops to jail to use unnecessary force and cruel and unusual punishment all this happened September 5 2014 Williams County Correctional Center.
* * *
I was refused medical attention by staff at Williams County Correctional Center, a bad infection set up into my elbow, neck and shoulder have been hurting me for five weeks. I just got Aleve for the pain on 10-08-14 the incident happened on Sept 5 2014 at 11:30 pm X rays were taken today 10-10-14 after complaining for several weeks Wesley Robb my brother was involved and hurt also several inmates saw incident a copy of all their names and signatures will be attached.
* * *
Officer Ryan Enggerman Williston PD used unnecessary force on September 5, 2014 by coming in my cell cuffing me bending my wrist while I was compliant the whole time pressing harder at the top of the stars giving me a push that sent me toppling down stars while restrained behind my back then jumped on me at bottom of stairs pressing his thumb behind my right ear as heard as he could with his knee in my back and 4 or 5 other cops on me and one of them tased me in my back I have a swollen elbow to this day hurt neck shoulder a scar on right hip. Then I was taken down a dark hallway and slung around
* * *
I was reading my book in bed in my underwear when officer Schmit called all available officers from Williston PD and Williams County Sheriffs Department into the jail because he thought my brother Wesley Cole Rabb was kicking the door we were locked in our cell they made us get on or knees hands behind my head then came in my cell cuffed me used unnecessary force, excessive force Sam Aide, and Ryan Enggerman, threw me down the stairs tased me hurt my writ more then locked me in my cell after all the could have done is never come into my cell and just locked us down. They refused to take pictures of my wounds.

(Docket No. 2) (errors in original).

II. REQUIREMENT FOR INITIAL REVIEW

When a prisoner seeks to sue a governmental entity, officer, or employee, 28 U.S.C. § 1915(A) requires that the court to conduct an early screening of the complaint to weed out claims that clearly lack merit. In conducting the screening required by 28 U.S.C. § 1915A, the court is required to identify any cognizable claims and to dismiss the complaint, or any part of it, that is frivolous, malicious, fails to state a claim, or seeks monetary relief from ...


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