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Lewis v. Duck

United States District Court, E.D. Kentucky, Southern Division, London

March 31, 2014

WILLIAM SOLOMON LEWIS, Plaintiff,
v.
LIEUTENANT DUCK, et al., Defendants.

MEMORANDUM OPINION AND ORDER

KAREN K. CALDWELL, Chief District Judge.

Plaintiff William Solomon Lewis is currently confined by the Bureau of Prisons ("BOP") in the United States Penitentiary ("USP")-Hazelton, located in Bruceton Mills, West Virginia. Proceeding without counsel, Lewis has filed a civil rights complaint, asserting constitutional claims under 28 U.S.C. § 1331, pursuant to the doctrine announced in Bivens v. Six Unknown Federal Narcotics Agents, 403 U.S. 388 (1971). [R. 1] By separate Order, the court has granted Lewis's motion to proceed in forma pauperis.

The Court has conducted a preliminary review of Lewis's complaint because he asserts claims against a government official and because he has been granted pauper status. 28 U.S.C. §§ 1915(e)(2)(B), 1915A. Because Lewis is not represented by an attorney, the Court liberally construes his claims and accepts his factual allegations as true. Erickson v. Pardus, 551 U.S. 89, 94 (2007); Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 555-56 (2007).

DISCUSSION

In March and April 2012, Lewis was confined in the Special Housing Unit of USP-McCreary, located in Pine Knot, Kentucky. Lewis alleges that on several occasions between March 23, 2012, and April 3, 2012, the named defendants, Lieutenant Duck and "Mr. Griffith, LVN, " both of whom he identifies as USP-McCreary officials, either refused to give him his prescription HIV medications, or unduly delayed administering those medications to him, causing him to experience undue pain and suffering. Lewis contends that the defendants' alleged actions (or failure to act) amounted to deliberate indifference to his serious medical needs in violation of the Eighth Amendment of the U.S. Constitution, which prohibits cruel and unusual punishment. [R. 1, pp. 2-4]

Lewis exhausted his claims pursuant to the BOP's administrative remedy process, but was denied relief at all levels. See Warden's Response [R. 1-1, p. 2]; Regional Office's Response [ Id., p. 4]; and Central Office's Response [ Id., pp. 7-8].[1] In his complaint, Lewis seeks $250, 000 in compensatory damages; $250, 000 in punitive damages; and $50, 000 in "nominal" damages, to compensate him for his alleged pain and suffering. [R. 1, p. 8, § VI]

The Court concludes that Lewis's complaint warrants a response from the defendants, and the London Clerk's Office will issue summons for the defendants. Because Lewis has been granted pauper status, the United States Marshals Service ("USMS") will serve the summons and complaint on his behalf. See Fed.R.Civ.P. 4(c)(3); 28 U.S.C. § 1915(d).

CONCLUSION

Accordingly, IT IS ORDERED that:

1. A Deputy Clerk in the London Clerk's Office shall prepare a "Service Packet" for the names defendants, Lieutenant Duck, official of USP-McCreary and "Mr. Griffith, LVN, " official of USP-McCreary. The Service Packet shall include:

(a) a completed summons form;
(b) the complaint [R. 1] and all attachments thereto;
(c) this Order; and
(d) a completed USM ...

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