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Purdy v. State

United States District Court, D. Nebraska

February 13, 2015

ANTHONY P. PURDY, Plaintiff,
v.
STATE OF NEBRASKA, PUBLIC DEFENDER'S OFFICE, CITY OF OMAHA, MARK FOXHALL, DOUGLAS COUNTY, JOHN HUBBARD, DOUGLAS COUNTY COURT, JOHN M. FRIEND, TRAVIS WAPPLER, MARK MANCUSSO, OMAHA POLICE DEPARTMENT, JEFFREY DAVIS, COS, FRANCIS LIDDICK, and CORBET, Defendants.

MEMORANDUM AND ORDER

JOSEPH F. BATAILLON, Senior District Judge.

Plaintiff Anthony Purdy ("Plaintiff") filed his Complaint (Filing No. 1) in this matter on August 15, 2014. Thereafter, he filed a pleading supplementing his Complaint. (Filing No. 6.) This court has given Plaintiff leave to proceed in forma pauperis in this matter. (Filing No. 10.) The court now conducts an initial review of the Complaint to determine whether summary dismissal is appropriate under 28 U.S.C. §§ 1915(e)(2) and 1915A.

I. SUMMARY OF COMPLAINT

Plaintiff is incarcerated in the Douglas County Correctional Center in Omaha, Nebraska. His list of Defendants is difficult to decipher. As best as the court can tell, Plaintiff has named eight individuals-Mark Foxhall, John Hubbard, John Friend, Travis Wappler, Mark Mancusso, Jeffrey Davis, Francis Liddick, and Corbet-and also the State of Nebraska, the Douglas County Public Defender's Office, the City of Omaha, Douglas County, the Douglas County Court, and the Omaha Police Department. (Filing No. 1 at CM/ECF p. 1.)

Plaintiff set forth numerous unrelated allegations in his Complaint and supplemental pleading. He alleged:

• Plaintiff was denied due process at his preliminary hearing because he received the ineffective assistance of counsel ( id. ),

• Plaintiff was held in jail for five days even though his "time was over [in] 3 days" ( id. ),

• police failed to charge Plaintiff's alleged victim with false reporting ( id. at CM/ECF pp. 1-2),

• Douglas County officials assaulted him and failed to give him medical treatment ( id. at CM/ECF p. 2),

• Foxhall, Hubbard, medical staff, and others "pass[ed] the buck" by not allowing his grievances to be heard ( id. at CM/ECF p. 3),

• jail officials failed to provide him with meals "according to institutional meal portion size of ACA accredit[ed] facility" ( id. ),

• jail officials served him "Kool Aid that eats holes in [his] cup" ( id. ),

• on September 2, 2014, Plaintiff was served a piece of cake that looked like a bite had been taken out of it and spit on the tray (Filing No. 6-1 at CM/ECF p. 1),

• jail officials refuse to serve Plaintiff a tray made according to the religious diet of Muslims ( ...


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