United States District Court, D. South Dakota, Southern Division
OPINION AND ORDER DISMISSING COMPLAINT IN PART AND
ROBERTO A. LANGE UNITED STATES DISTRICT JUDGE
Travis R. McPeek ("McPeek"), an inmate at the
Yankton County Jail in Yankton, South Dakota, filed this
lawsuit pursuant to 42 U.S.C. § 1983. Doc. 1. This Court
screened his complaint pursuant to 28 U.S.C. § 1915A,
and ordered McPeek to amend his complaint. Doc. 6. McPeek has
now filed his amended complaint. Doc. 8. For the following
reasons, the Court dismisses his complaint in part and
FACTS ALLEGED IN THE COMPLAINT 
January 4, 2017, McPeek signed a "waiver of
extradition" in Maricopa County, Arizona, with the
alleged understanding that Bon Homme County, South Dakota
would transport him. Doc. 8 at 4. McPeek alleges that he
suffers from multiple medical issues. He alleges that he has
myofascial and tissue damage from being struck by a truck and
suffers from chronic pain from that injury as well as being
shot multiple times. Id. at 9-10. He further suffers
from mobility issues because of his injuries. Id. at
January 12, 2017, McPeek was transferred from Maricopa County
to Apache County Jail in St. John, Arizona. Id. at
9. He alleges that the Apache County officer who transported
him was aware of his medical issues, but put him in a belly
chain and handcuffs, which aggravated McPeek's prior
injuries. Id. McPeek alleges that when he arrived at
the Apache County Jail, he was strip searched in a degrading
manner, including his genitals being touched. Id. He
was denied medication and was sent through the booking
process. Id. at 10-11. He was chained in a similar
manner the next day and transported to Gallop, New Mexico.
Id. at 11. He was taken to Montezuma County Jail in
Cortez, Colorado, then La Plata County Jail Colorado.
Id. at 11-12. He was chained during transport and
searched once he arrived at these jails. Id.
Plata, McPeek alleges that officers were aware of his medical
issues. Id. at 12. He was given permission to use a
bottom bunk, but it was taken away after McPeek requested to
move to another cell because his cell mate was mad at him.
Id. at 12-13. McPeek grieved these issues and felt
that he was discriminated against during the procedure for
his disability and because he had filed complaints.
Id. at 14-15.
Sgt. Burke searched McPeek roughly, including "karate
chopping" his testicles. Id. at 15. Burke then
put McPeek in segregation. Id. McPeek asked him why,
but he did not respond. Id. McPeek complained that
he was put in segregation, that he was searched roughly, and
that he was denied a bible, grievances, and toilet paper, but
never received a response. Id. at 15-16.
January 17, 2017, McPeek was transported to Pennington County
Jail in South Dakota, via Alamosa County, Colorado; Colorado
Springs, Colorado; Pueblo, Colorado; Jefferson County,
Colorado; Boulder, Colorado; Cheyanne, Wyoming; Lusk,
Wyoming; and Rushville, Nebraska. Id. at 17-20. In
these jails, he was roughly searched and booked. Id.
in Pennington County Jail, McPeek filed a grievance arguing
that his transfer was illegal. Id. at 20. Sgt.
Munsch responded that the issue was non-greivable.
Id. He also filed a grievance concerning admittance
into the "Rebound Program, " and was told he was
ineligible because he was on a hold through the federal
government or South Dakota Department of Corrections.
Id. at 21. At Pennington County Jail, he was also
denied medical treatment. Id. at 22.
January 26, 2017, McPeek was transferred to Yankton County
Jail on the South Dakota Prison Bus. Id. At Yankton,
McPeek alleges he was searched by Officer Hanes in a
degrading manner, including having his penis and butt
touched. Id. at 22-23. He was placed in segregation
in the jail even though he had no disciplinary problems.
Id. at 23. McPeek alleges he was denied his
medications by Sgt. Cass for five weeks. Id. He also
alleges that he filed a number of grievances about different
incidences, but they were denied by Payer, the Jail
Administrator. Id. at 23-24.
end of his complaint, McPeek also makes a number of unrelated
allegations concerning an incident in 2016. He alleges that
Bon Homme County Officer Kelly Young conducted an illegal
search of his vehicle and attacked him without reason.
Id. at 25. He also claims that Young claimed McPeek
ran him over, but McPeek denies this. Id. at 27.
Finally, McPeek claims that these allegations were in the
news and destroyed his reputation. Id.
February 8, 2017, McPeek filed a complaint pursuant to 42
U.S.C. § 1983. Doc. 1. Because McPeek is incarcerated,
this Court screened his complaint pursuant to 28 U.S.C.
§ 1915A. This Court ordered McPeek to amend his
complaint by April 3, 2017, because he had failed to state a
claim upon which relief could be granted. Doc. 6. McPeek
timely filed an amended complaint. Doc. 8.
stage of the case, this Court must accept the well-pleaded
allegations in the complaint as true and draw all reasonable
inferences in favor of the non-moving party. Schriener v.
Quicken Loans, Inc., 774 F.3d 442, 444 (8th Cir. 2014).
Civil rights and pro se complaints must be liberally
construed. Erickson v. Pardus, 551 U.S. 89, 94
(2007) (citation omitted); Bediako v. Stein Mart,
Inc., 354 F.3d 835, 839 (8th Cir. 2004). Even with this
construction, "a pro se complaint must contain specific
facts supporting its conclusions." Martin v.
Sargent, 780 F.2d 1334, 1337 (8th Cir. 1985); Ellis
v. City of Minneapolis, 518 F.App'x 502, 504 (8th
Cir. 2013). Civil rights complaints cannot be merely
conclusory. Davis v. Hall, 992 F.2d 151, 152 (8th
Cir. 1993); Parker v. Porter, 221 F.App'x 481,
482 (8th Cir. 2007).
complaint "does not need detailed factual allegations .
. . [but] requires more than labels and conclusions, and a
formulaic recitation of the elements of a cause of action
will not do." BellAtl. Corp. v. Twombly, 550
U.S. 544, 555 (2007). "If a plaintiff cannot make the
requisite showing, dismissal is ...