5:24-cv-00185•Arnett v. Gabriel et al
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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF OKLAHOMA GLEN DELANE ARNETT, JR., ) ) Plaintiff, ) ) v. ) Case No. CIV-24-185-SLP ) MAJOR PHILLIP GABRIEL et al., ) ) Defendants. ) REPORT AND RECOMMENDATION Plaintiff Glen Delance Arnett Jr., appearing pro se and in forma pauperis, filed an Amended Complaint (AC) under 42 U.S.C. § 1983, alleging various civil rights violations. (ECF No. 8). Chief United States District Judge Scott L. Palk referred this matter to the undersigned magistrate judge for initial proceedings consistent with 28 U.S.C. § 636(b)(1)(B)-(C). Following an initial review of the AC, the following claims and Defendants remain: (1) Claim One as set forth in the AC for retaliation in violation of the First Amendment against Defendant Gabriel; (2) Claim Three as set forth in the AC alleging a violation of Equal Protection against Defendants Hamilton and Hagen; (3) Claim Nine as set forth in the AC alleging a violation of his right to free exercise of religion against Defendants Peek, Hagan, and Amason, and (4) Claim Eleven as set forth in the AC alleging a violation of his right to free exercise of religion against Defendants Peek, Hagan, and Amason. (ECF No. 18:6). These claims remain against the Defendants in their individual capacities for monetary damages and their official capacities for injunctive relief. See ECF Nos. 13 & 18. Case 5:24-cv-00185-SLP Document 42 Filed 04/30/26 Page 1 of 6
A second review of the AC has been conducted pursuant to 28 U.S.C. § 1915A(a) and 28 U.S.C. § 1915(e)(2)(B). Based on that review, the Court should dismiss, without prejudice, the official capacity claims for injunctive relief against Defendants Gabriel, Hamilton, Hagen, Peek, and Amason. I. SCREENING REQUIREMENT The Court must review each complaint in which a prisoner seeks redress against a governmental entity, officer, or employee. 28 U.S.C. § 1915A(a). The Court likewise must review each case brought by a prisoner with respect to prison conditions and each case in which a plaintiff proceeds in forma pauperis. 42 U.S.C. § 1997e(c)(1); 28 U.S.C. § 1915(e)(2). The Court is required to dismiss the complaint or any portion of the complaint that is frivolous or malicious, fails to state a claim on which relief may be granted, or seeks monetary relief against a defendant who is immune from such relief. See 28 U.S.C. §§ 1915A(b), 1915(e)(2)(B); 42 U.S.C. § 1997e(c)(1). II. STANDARD OF REVIEW The Court must accept Plaintiff’s allegations as true and construe them, and any reasonable inferences to be drawn from them, in the light most favorable to Plaintiff. See Kay v. Bemis, 500 F.3d 1214, 1217 (10th Cir. 2007). Since Plaintiff is proceeding pro se, his complaint must be construed liberally. See id. at 1218. The Court “review[s] the complaint for plausibility; that is, to determine whether the complaint includes enough facts to state a claim to relief that is plausible on its face.” Young v. Davis, 554 F.3d 1254, 1256 (10th Cir. 2009) (quotations and citation omitted). Case 5:24-cv-00185-SLP Document 42 Filed 04/30/26 Page 2 of 6
A complaint fails to state such a claim when it lacks factual allegations sufficient “to raise a right to relief above the speculative level on the assumption that all the allegations in the complaint are true (even if doubtful in fact).” Bell Atlantic v. Twombly, 550 U.S. 544, 555 (2007) (footnote and citation omitted). Bare legal conclusions in a complaint, however, are not assumed to be true; legal conclusions “must be supported by factual allegations” to state a claim upon which relief may be granted. Ashcroft v. Iqbal, 556 U.S. 662, 679 (2009). “[A] pro se plaintiff requires no special legal training to recount the facts surrounding his alleged injury, and he must provide such facts if the court is to determine whether he makes out a claim on which relief can be granted.” Hall v. Bellmon, 935 F.2d 1106, 1110 (10th Cir. 1991); see also Whitney v. New Mexico, 113 F.3d 1170, 1173-74 (10th Cir. 1997) (noting that although courts construe pro se pleadings liberally, courts “will not supply additional factual allegations to round out a plaintiff’s complaint”). Whether a complaint contains sufficient facts to avoid dismissal is context-specific and is determined through a court’s application of “judicial experience and common sense.” Iqbal, 556 U.S. at 679; see also Gee v. Pacheco, 627 F.3d 1178, 1184-85 (10th Cir. 2010) (discussing Iqbal). III. DISMISSAL OF THE OFFICIAL CAPACITY CLAIMS As stated, official capacity claims remain against Defendants Gabriel, Hamilton, Hagen, Peek, and Amason. See supra. The Court should dismiss these claims, without prejudice. Case 5:24-cv-00185-SLP Document 42 Filed 04/30/26 Page 3 of 6
A suit under § 1983 against an employee in their official capacity is “another way of pleading an action against the county or municipality they represent.” Porro v. Barnes, 624 F.3d 1322, 1328 (10th Cir. 2010). A defendant contracted to perform a county function (such as Defendants Gabriel, Hamilton, Hagen, Peek, and Amason) can be liable for the same types of Monell violations. See Dubbs v. Head Start, Inc., 336 F.3d 1194, 1216 (10th Cir. 2003) (“Although the Supreme Court’s interpretation of § 1983 in Monell applied to municipal governments and not to private entities acting under color of state law, caselaw from this and other circuits has extended the Monell doctrine to private § 1983 defendants.”); Smedley v. Corr. Corp. of Am., 175 F. App’x 943, 945-46 (10th Cir. 2005). To state a § 1983 claim against county employees in their official capacities, a plaintiff must identify “ ‘a government's policy or custom’ that caused [him] injury.” See Schneider v. City of Grand Junction Police Dep't, 717 F.3d 760, 769 (10th Cir. 2013) (quoting Monell, 436 U.S. at 691-92). “A challenged practice may be deemed an official policy or custom for § 1983 municipal-liability purposes if it is a formally promulgated policy, a well-settled custom or practice, a final decision by a municipal policymaker, or deliberately indifferent training or supervision.” Id. at 770. As well, a plaintiff must establish “a direct causal link between the policy or custom and the injury alleged,” Graves v. Thomas, 450 F.3d 1215, 1218 (10th Cir. 2006), and must also show “that the policy was enacted or maintained with deliberate indifference to an almost inevitable constitutional injury,” Schneider, 717 F.3d at 769. Case 5:24-cv-00185-SLP Document 42 Filed 04/30/26 Page 4 of 6
As stated, the remaining official capacity claims against these Defendants are set forth in the AC at Claims One, Three, Nine, and Eleven. See supra. An examination of the allegations pertaining to these claims reveal that Plaintiff has failed to allege that these Defendants acted pursuant to an official policy or custom in committing the alleged constitutional violations. See ECF No. 8:6, 7, 10, 16, 18. As a result, the Court should dismiss Plaintiff’s claims against Defendants Gabriel, Hamilton, Hagen, Peek, and Amason in their official capacities, without prejudice. See Pembaur v. City of Cincinnati, 475 U.S. 469, 479 (1986) (“The ‘official policy’ requirement was intended to distinguish acts of the municipality from acts of employees of the municipality, and thereby make clear that municipal liability is limited to action for which the municipality is actually responsible.”). If the Court adopts this recommendation, what remains are claims against these Defendants as set forth in Claims One, Three, Nine, and Eleven of the AC in their individual capacities only, limited to the recovery of monetary damages. IV. RECOMMENDATION AND NOTICE OF RIGHT TO OBJECT Based on the foregoing, the Court should dismiss, without prejudice, the remaining official capacity claims for injunctive relief as set forth in Claims One, Three, Nine, and Eleven. Plaintiff is hereby advised of his right to object to this Report and Recommendation. See 28 U.S.C. § 636. Any objection must be filed with the Clerk of the District Court by May 18, 2026. See 28 U.S.C. § 636(b)(1); and Fed. R. Civ. P. 72(b)(2). Failure to make timely objection to this Report and Recommendation waives the right to Case 5:24-cv-00185-SLP Document 42 Filed 04/30/26 Page 5 of 6
appellate review of both factual and legal questions contained herein. Casanova v. Ulibarri, 595 F.3d 1120, 1123 (10th Cir. 2010). V. STATUS OF THE REFERRAL This Report and Recommendation terminates the referral to the undersigned magistrate judge in the captioned matter. ENTERED on April 30, 2026. Case 5:24-cv-00185-SLP Document 42 Filed 04/30/26 Page 6 of 6
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