GLENN D. ODOM, II
LARRY CRANOR et al.
MEMORANDUM OPINION AND ORDER
THOMAS B. RUSSELL, Senior District Judge.
Plaintiff Glenn D. Odom, II, filed the instant pro se 28 U.S.C. § 1983 action proceeding in forma pauperis. This matter is before the Court on the initial review pursuant to 28 U.S.C. § 1915A and McGore v. Wrigglesworth, 114 F.3d 601 (6th Cir. 1997). Upon review, the Court will allow some of Plaintiff's claims to proceed and will dismiss others.
Subsequent to filing the complaint in this action, Plaintiff filed another complaint, which the Clerk of Court opened as a separate civil action. However, upon review of the second complaint, the Court determined that it was a copy of the complaint filed in this action and ordered it to be filed in the docket in the instant action. To the extent the second complaint could be construed as motion to amend the complaint, because it is merely a duplicate copy, IT IS ORDERED that the motion (DN 6) is DENIED. Plaintiff also filed a second application to proceed without the prepayment of fees. However, since Plaintiff's first application to proceed without the prepayment of fees in this action was already granted (DN 5), IT IS ORDERED that the second application (DN 7) is DENIED as moot.
Plaintiff is an inmate at the Kentucky State Penitentiary (KSP). He sues Lieutenant Larry Cranor; Warden Randy White; Nurse Gloria Lewis; Grievance Coordinator Skyla Grief; Nursing Supervisor John Wood; Dr. Steve Hiland; "Ky. D.O.C."; and "Unknown officers-extraction team." He sues Defendants White and Wood in their official capacities and sues Defendants Cranor, Lewis, and Hiland in their individual capacities. He does not identify in which capacity he sues Defendant Grief or the "Unknown officers-extraction team."
Plaintiff lists the following under the heading "CAUSE OF ACTION": (1) "Cruel and Unusual Punishment; Excessive force; Retaliation; Malicious and Sadistic intent" in violation of the Eighth Amendment; (2) Deliberate indifference to serious medical needs in violation of the Eighth Amendment; (3) "Protection and Advocacy for Individuals with Mental Illness Act"; (4) Americans with Disabilities Act; (5) Rehabilitation Act; and (6) Negligent Infliction of Emotional Distress and Intentional Infliction of Emotional Distress.
Plaintiff, who describes himself as mentally ill, states that on July 5, 2012, he attempted suicide by cutting his arm and wrist in three places with "an old, rusty razor." He states that Defendant Cranor came to his cell and "angerily stated what do you need? Some God**** attention?'" Plaintiff states that Defendant Cranor made him strip down to his underwear, placed him in handcuffs and shackles, and "then began to jerk and rush plaintiff down the hall attempting to make plaintiff fall or become combative or resistant." Plaintiff states that Defendant Cranor has a history of abusing inmates once he becomes upset. He states that Defendant Cranor made comments to him, including, "'I deal with f***ing retards like you all the time!... Since you want attention, I'll give it to you!'" (Ellipses used by Plaintiff.) Plaintiff reports that he was placed in a "mental health restraint chair[, ]" which has "belt-like restraints built in." He states that the belt restraints were applied too tightly. Plaintiff states that Defendant Cranor "and his subordinate floor officers, then deliberate and maliciously placed an extra set of handcuffs on each of plaintiff's wrists which were also applied to cause pain and discomfort." Plaintiff further states, "These handcuffs cut off circulation due to the black belt restraints forcing plaintiffs arms down to the restraint chair." Plaintiff states that the extra restraints were "against policy" and that two sets of restraints "were solely applied to cause pain and punish plaintiff for attempting suicide."
Plaintiff also states that Defendant Cranor and "unknown ofcs." used excessive force against him "by sadistically and maliciously applying extra wrist restraints that were extremely too tight and caused permanent injury to Plaintiff's nerves/circulation." He states these actions violated the Eighth Amendment.
Plaintiff reports that Defendant Nurse Lewis was called in to check his ankle and wrist restraints. Plaintiff told her the restraints were too tight. Plaintiff states, "As she could not fit one (1) finger between some of plaintiff's restraints she still acted as if she could." He states that Defendant Lewis did not check his right wrist restraint and ignored his request for her to do so. Defendant Lewis also refused to clean or treat Plaintiff's cuts on his arm and wrist and did not ask him what he used to cut himself.
Plaintiff states that because of the actions of Defendants Cranor and Lewis his "hand, wrists, fingers, and forearms go completely numb while he rises from laying down." He states that he has been denied medical treatment for these alleged injuries.
Plaintiff states that Defendant Wood is the supervisor of nurses and is responsible for all training of nurses and how they perform their duties. He states, "There is no excuse as to why Gloria Lewis has been so ill-trained." He states the Defendant Wood encourages nurses "to cover up and allow officers to do as they please."
Plaintiff states that Defendant Warden White "has allowed this excessive force upon plaintiff, constructively, by neglecting to train his supervisors correctly in regards to restraint chair restraints and anger management." He further states that Defendant White "must order his subordinates to follow policies and restraint chair procedures... Inflicting pain upon the mentally ill for simply attempting suicide is senseless and unlawful."
Plaintiff also states that Defendant Dr. Hiland has refused to examine Plaintiff's injured wrists. Plaintiff states that Defendant Hiland "refused plaintiff treatment because plaintiff has filed complaints on him to the KY. Medical Board of Licensure and other complaints."
Plaintiff further states that Defendant Grief "deliberately denied plaintiff's grievance on this issue solely to obstruct litigation (concluding it would work)." He states that he "is allowed to file a late grievance for such suicide watch' reasons." He states that after he filed this complaint someone changed the ...