Reed v. Anderson, 3:21-cv-00040

Plaintiff Stephon D. Reed, an inmate at the Arkansas Division of Correction’s Grimes Unit, filed a pro se complaint under 42 U.S.C. § 1983 on February 12, 2021 against Corporal Steven Anderson.
Reed alleges Anderson called him his “colored friend” and told him to “check his attitude.”
The court screened the complaint under 28 U.S.C. §§ 1915A and 1915(e)(2) for failure to state a claim, frivolousness, and immunity issues.
The court noted that verbal insults and racial epithets generally do not constitute a constitutional violation absent a threat rising to a wanton act of cruelty creating fear of instant death.
Applying that precedent, the magistrate judge found Reed’s allegations insufficient to state a § 1983 claim and recommended dismissal without prejudice.
The recommendation also would count the dismissal as a “strike” under 28 U.S.C. § 1915(g) and certify that an in forma pauperis appeal would not be taken in good faith.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Anderson’s verbal racial remark and admonition state a claim under § 1983	Reed: Anderson’s comment (“colored friend”) and order to check his attitude constitute actionable racial harassment and deprivation of rights	Anderson: Verbal insults/racial epithets are not actionable; only threats rising to instant-death fear or wanton cruelty can violate the Constitution	Court: Dismiss for failure to state a claim; verbal abuse alone is insufficient

Bell Atl. Corp. v. Twombly, 550 U.S. 544 (2007) (plausibility pleading standard)
Hopson v. Fredericksen, 961 F.2d 1374 (8th Cir. 1992) (racial slur and threats not actionable)
Burton v. Livingston, 791 F.2d 97 (8th Cir. 1986) (exception where verbal threat creates fear of instant, unexpected death)
McDowell v. Jones, 990 F.2d 433 (8th Cir. 1993) (verbal harassment not actionable under § 1983)
O’Donnell v. Thomas, 826 F.2d 788 (8th Cir. 1987) (verbal threats/abuse insufficient to state constitutional claim)
Black Spotted Horse v. Else, 767 F.2d 516 (8th Cir. 1985) (racially offensive language alone does not state a constitutional claim)