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McGrone v. Boyd

United States District Court, D. Nebraska

August 19, 2019

BRUCE MCGRONE, Plaintiff,
v.
TAGGART BOYD, Warden; CORPORAL SORENSEN, Guard; and THE STATE OF NEBRASKA, Defendants.

          MEMORANDUM AND ORDER

          Richard G. Kopf Senior United States District Judge

         Plaintiff, a pro se litigant currently in the custody of the Nebraska Department of Correctional Services (“NDCS”), filed his Complaint on May 29, 2018, seeking damages related to injuries he received from an attack by another inmate on September 3, 2016, at the Lincoln Diagnostic and Evaluation Center (“DEC”). (Filing No. 1.) Plaintiff was given leave to proceed in forma pauperis. (Filing No. 12.) After initial review, the court determined Plaintiff's Complaint stated viable Eighth Amendment claims against Defendant Corporal Sorensen in his individual capacity and permitted Plaintiff to file an amended complaint to state a plausible Eighth Amendment claim against Defendant Taggart Boyd and/or specific individuals involved in Plaintiff's medical care at the DEC. (Filing No. 26.)

         On July 17, 2019, Plaintiff filed an unsigned, handwritten Supplemental and Amended Complaint. (Filing No. 27.) After the clerk's office entered a text order directing Plaintiff to correct the signature deficiency, Plaintiff filed a typed, signed Supplemental and Amended Complaint that is nearly identical to the unsigned pleading in substance. (Filing No. 29.) The unsigned pleading (filing no. 27) will be stricken, and the court now conducts a review of the signed Supplemental and Amended Complaint (filing no. 29) pursuant to 28 U.S.C. § 1915(e).

         I. SUMMARY OF SUPPLEMENTAL AND AMENDED COMPLAINT

         In his Supplemental and Amended Complaint, Plaintiff alleges the following:

         1. Defendant Taggart Boyd['s] action and inaction contributed to my injuries due to his failure to investigate and make sure plaintiff:

a) He failed to make sure that the unnamed defendants provided adequate medical treatment.
b) He failed to follow up on the assualt [sic].
c) He failed to follow up on plaintiff's treatment.
d) He failed to follow up on both of plaintiff's grievances that were submitted to him.
e) He failed to thoroughly investigate the incident and other reliable witnesses.
f) He failed to provide safety and security to plaintiff and the institution as a whole.
g) He interferred [sic] with plaintiff to rightfully prosecute his assailant.
h) He failed to look into the matter of why the defendant Corporal Sorensen violated certain Rules and Regulations of the Institution as ...

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