United States Court of Appeals

FOR THE EIGHTH CIRCUIT

_____________

No. 97-1390EA

_____________

Jerry X. Ellis, *

 *

Plaintiff-Appellant, *

 *

Michael D. Walker; Eddie Gray, Jr.; *

Shahid Taqwa, also known as John *

Smith, *

Plaintiffs, *

 *

v. *

 *

Larry B. Norris, Director, Arkansas *

Department of Correction; R. Toney, * On Appeal from the United

Arkansas Department of Correction; * States District Court

Mrs. McQuilliams, Arkansas * for the Eastern District

Department of Correction; L. Inmon, * of Arkansas.

Arkansas Department of Correction; *

Mrs. Day, Arkansas Department of *

Correction; C.A. Collins, Arkansas *

Department of Correction; D. Guntharp *

Arkansas Department of Correction; *

B. Butcher, Captain, Arkansas *

Department of Correction; V.R. *

Robertson, Arkansas Department of *

Correction; W.J. Straughn, Captain, *

Arkansas Department of Correction; *

J.L. Williams, Captain, Arkansas *

Department of Correction; C.A. *

Proctor, Lt., Arkansas Department of *

Correction; J.W. VIA, Lt., Arkansas *

Department of Correction; R. Bradley, *
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Sgt., Arkansas Department of *

Correction; R. Walz, Sgt., Arkansas *

Department of Correction; J. Boyd, *

CO-1, Arkansas Department of *

Correction; R. Shillings, CO-1, *

Arkansas Department of Correction; *

A. Singleton, CO-1, Arkansas *

Department of Correction; J. *

Henderson, CO-1, Arkansas *

Department of Correction; J. Lawson, *

CO-1, Arkansas Department of *

Correction; R. Neal, CO-1, Arkansas *

Department of Correction; K. King, *

CO-1, Arkansas Department of *

Correction; C. Harris, CO-1, *

Arkansas Department of Correction; *

R. Tisdale, CO-1, Arkansas *

Department of Correction; J. *

Thompson, CO-1, Arkansas *

Department of Correction; L. Smith, *

CO-1, Arkansas Department of *

Correction; T. Madden, CO-1, *

Arkansas Department of Correction; H. *

Rainbolt, Arkansas Department of *

Correction; C. Patterson, CO-1, *

Arkansas Department of Correction; N. *

Cartwright, CO-1, Arkansas *

Department of Correction; T. Turner, *

CO-1, Arkansas Department of *

Correction; D. Daniels, CO-1, Arkansas *

Department of Correction; M. Leeper, *

LPN, Arkansas Department of *

Correction; J. Varpen, LPN, Arkansas *

Department of Correction; C.L. Cobb, *

Lt., Arkansas Department of *

Correction; D. Curl, Sgt., Arkansas *

Department of Correction; D. *
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Boultinghouse, Sgt., Arkansas *

Department of Correction; A. Burnett, *

Sgt., Arkansas Department of *

Correction; C. Harris, Sgt., Arkansas *

Department of Correction; C. Beard, *

CO-1, Arkansas Department of *

Correction; W. Downs, CO-1, *

Arkansas Department of Correction; *

R. Griffin, CO-1, Arkansas *

Department of Correction; G. Graves, *

CO-1, Arkansas Department of *

Correction; K. Mallett, CO-1, *

Arkansas Department of Correction; *

G. Moore, CO-1, Arkansas Department *

of Correction; R. Massey, CO-1, *

Arkansas Department of Correction; *

K. Tillman, CO-1, Arkansas *

Department of Correction; C. *

McDonald, CO-1, Arkansas *

Department of Correction; R. Mosby, *

CO-1, Arkansas Department of *

Correction; K. Carroll, CO-1, *

Arkansas Department of Correction; *

D. Threlkeld, CO-1, Arkansas *

Department of Correction; J. Harroway, *

CO-1, Arkansas Department of *

Correction; A. King, CO-1, Arkansas *

Department of Correction; T. Webb, *

CO-1, Arkansas Department of *

Correction; D. Williams, LPN, *

Arkansas Department of Correction; *

Ducote, LPN, Arkansas Department of *

Correction, *

 *

Defendants-Appellees. *

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1

The Hon. Pasco M. Bowman stepped down as Chief Judge of this Court on

April 23, 1999.

2

The Hon. Elsijane Trimble Roy, United States District Judge for the Eastern and

Western Districts of Arkansas, adopting the report and recommendation of the Hon. H.

David Young, United States Magistrate Judge for the Eastern District of Arkansas. 

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 Submitted: January 12, 1999

 Filed: June 1, 1999

___________

Before BOWMAN, Chief Judge,1

 RICHARD S. ARNOLD and MORRIS SHEPPARD

ARNOLD, Circuit Judges. 

___________

RICHARD S. ARNOLD, Circuit Judge.

Jerry Ellis appeals from the District Court&s2

 dismissal of his 42 U.S.C. § 1983

complaint. Mr. Ellis brought this action contending various conditions at the Arkansas

Department of Correction&s Varner Unit violated the Eighth Amendment&s prohibition

against cruel and unusual punishment. Construing the allegations liberally, see Haines

v. Kerner, 404 U.S. 519, 520 (1972) (per curiam), we conclude the complaint was

properly dismissed because it failed to state a claim, see 28 U.S.C.

§§ 1915(e)(2)(B)(ii), 1915A(b)(1).

Despite having been ordered to amend his complaint to clarify how more than

fifty defendants upon whom he sought service had violated his constitutional rights, Mr.

Ellis failed to allege facts supporting any individual defendant&s personal involvement

or responsibility for the violations. See Martin v. Sargent, 780 F.2d 1334, 1337-38 (8th

Cir. 1985); see also Tatum v. Iowa, 822 F.2d 808, 810 (8th Cir. 1987) (per curiam).

Mr. Ellis, who was no longer at the Varner Unit and sought only damages, also failed

to allege how such conditions as insufficient security at Varner had caused him injury,
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see Smith v. Arkansas Dep&t of Correction, 103 F.3d 637, 643 (8th Cir. 1996); failed

to allege sufficient facts to support other alleged violations, such as inadequate medical

care, see Martin, 780 F.2d at 1337; and failed to allege that it was he, rather than other

prisoners, who was subjected to certain allegedly unconstitutional conditions, see id.

Accordingly, we affirm, amending the District Court's judgment to reflect its

intention to dismiss the complaint without prejudice.

We wish to express our appreciation to court-appointed counsel for appellant,

who has briefed and argued this case pro bono. Counsel's efforts on behalf of his client

have been a great help to us.

A true copy.

Attest:

CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.