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McGuire v. Union County Jail

United States District Court, Sixth Circuit

August 23, 2013

ANTONIO DECARLO McGUIRE Plaintiff,
v.
UNION COUNTY JAIL et al., Defendants.

MEMORANDUM OPINION AND ORDER

JOSEPH H. McKINLEY, District Judge.

Plaintiff Antonio DeCarlo McGuire, filed a pro se complaint under 42 U.S.C. § 1983. This matter is now before the Court on the initial review of the complaint pursuant to 28 U.S.C. § 1915A and McGore v. Wrigglesworth, 114 F.3d 601 (6th Cir. 1997). For the reasons that follow, the Court will allow Plaintiff's excessive-force claim to proceed for further development and dismiss the remaining claims.

I.

Plaintiff currently is an inmate at the Grayson County Detention Center. His claims arise from his previous incarceration at the Union County Jail. He sues the Union County Jail and the following Union County Jail personnel in their individual and official capacities: Deputy Charles Risley, whom he identifies as a "Deputy C.O."; "LT Jim (Unknown), " whom he identifies as a "LT. CO.";[1] and "Kim (Unknown), " whom he identifies as a "LT. CO." Plaintiff also sues "State of Ky, Dept. Of Corr."

Plaintiff states that Defendant Risley "innapropriatly used excessive force, with malicious intent, showing deliberate indifference" toward him by "excessively spraying pepper spray into his eyes, only McGuire was sprayed." He states that this was in violation of the Fourteenth Amendment's Due Process Clause and the Eighth Amendment's Cruel and Unusual Punishments Clause.

Plaintiff states that Defendants LT Jim and Kim were "not doing [their] job as a superior officer. Neglent, malicious, deliberate indifference, intent. Violating 8th USCA, Cruel & Unusual Punishment. And 14 USCA Due Process, KRS & KAR, as well as DOC."

Plaintiff states Defendant State of Ky, Dept of Corr. was "negelent as a Class D. institution. Officers improperly trained or not trained at all. Applys under 8th cruel and unusual punishment of U.S.C.A.'s and 14th Due Process Clause. KRS & KAR & DOC rules & regs."

Plaintiff further states, "And Medical, ' on improper medical treatment. Lack of, in/under, 8th cruel & unusual punishment & 14th USCA. Due process clause & KAR & KRS rules & regs on same. As well as the Human Decency Concept."

Plaintiff attaches several exhibits to the complaint. He attaches a letter he sent to "Ms. Cathy" in which he states, "Charlie was braggin yesterday that his spray was 5 times worser than regular spray.... You shoulda seen how Charlie was sprayin tryin' to blind me so I could get hurt." Plaintiff also attaches a report to Jailer Cathy Smith from Lieutenant Jason L. Newton with the subject line: "Internal Investigation IRT allegation of excess force by Deputy Charles Risley made by Antonio McGuire." In the report Newton states that Plaintiff had filed a grievance stating that he had been involved in an altercation with another inmate and alleged that Defendant Risley had pepper-sprayed him after he had complied with Risley's orders and had "directed all use of force" toward Plaintiff only and not the other inmate. The report states that Newton interviewed the parties involved and witnesses and indicates that there were differing accounts of whether the other inmate was pepper-sprayed. The report states that Newton "reviewed video footage of part of the incident, the part occurring in the hallway, and observed Deputy Risley escorting inmate McGuire from the cell, leaving the cell door open, allowing inmate Wilson to exit the cell and assault inmate McGuire." The report also states, "I highly recommend staff training in the areas of use of force continuum, crisis prevention and intervention, and response to fights in progress." A portion of the report is also redacted.

Plaintiff also attaches a grievance form which he completed stating that he had requested help from "Jim." He states, "I could not breath and Jim called me a c*** sucker. I feel I was mistreated and humiliated. The whole cell seen and heard everything. Very unprofessional."

Finally, Plaintiff attaches an "Affidavit/Statement" describing the incident in which he states that he was "restrain[ing]" another inmate named Billy and the following then occurred:

Charlse [Risley] open the door and said; let him go. I raise my hand then Billy struck me again and Charlse sprayed me. I told: Charlse, he was wrong; hands in the air. Billy kept hitting me, so I [illegible] defending myself. I [illegible] notice billy goin for the hot pot so I go in [illegible]. Billy come out and hit me in the head. I defend myself again then he sprayed me again.
My eyes hurt my nose run the smell when it drains taste terrible. I am phycologically inadequate in my thinking.... I feel like I was being assaulted by the guard and Billy. I can't sleep due to side affect of DPS draining.

As relief, Plaintiff seeks compensatory and punitive damages, injunctive relief in the form of "firing and pressing charges. Conviction[, ]" and other relief in the form of ...


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