No. 21-5838

Michael Andrew Johnson v. Dexter Payne, Director, Arkansas Division of Correction, et al.

Lower Court: Eighth Circuit
Docketed: 2021-10-01
Status: Denied
Type: IFP
IFP
Tags: administrative-negligence civil-procedure civil-rights civil-rights-violation due-process failure-to-protect inmate-violence prison-safety prisoner-rights prisoner-vulnerability protective-custody standing
Latest Conference: 2021-12-03
Question Presented (from Petition)

Why did A.D.C. officials "Wendy Kelly " and Byron Brown " fail to protect me from a stabbing that I wrote "Director Kelley " about before the stabbing telling "her". To release me to any General population would cause atypical and significant hardship upon me in relations to the ordinary incidents of prison life. I have a documented enemy alert list and long standing Aryan Affiliation hit order against my person. Can I get some help? Why was I denied protective custody after begging for help? Why did Wendy Kelley fail to take action on letters and why did Wendy Kelley and Byron Brown both fail to put me in protective custody? Why did Byron Brown fail to protect me after I went to him on 11-27-18 the day "before " stabbing and told "him" people were talking about jumping me? He said we don't have protective custody.

Federal Civil Procedure-Forma Pauperis Proceedings.

Principle, that if Plaintiff makes allegations that if true indicated significant liklihood that someone inflicted injury on him, and if circumstances are such as to make it infeasible for the plaintiff to identify that person before filing his complaint, his in forma pauperis suit should not be dismissed as frivolous, applies to any case in which, usually because Plaintiff has been injured as consequence of actions of unknown member of collective body, Identification of responsible party may be impossible without pretrial discovery. 28 U.S.C.A.§1915(d). I was asleep still don't know officer on door that night name? No-one would give it to me. Security officer?

Question Presented (AI Summary)

Why did A.D.C. officials 'Wendy Kelly' and Byron Brown' fail to protect me from a stabbing?

Docket Entries

2021-12-06
Petition DENIED.
2021-11-17
DISTRIBUTED for Conference of 12/3/2021.
2021-09-14
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 1, 2021)

Attorneys

Michael Johnson
Michael A. Johnson — Petitioner