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Little v. Carl

United States District Court, E.D. Kentucky, Northern Division, Covington

July 15, 2014

TIMOTHY RAY LITTLE, Plaintiff,
v.
TERRY CARL, ET AL., Defendants.

MEMORANDUM OPINION AND ORDER

WILLIAM O. BERTELSMAN, District Judge.

This is a pro se action in which inmate, Timothy Ray Little, appears to claim that the Defendants (1) violated his due process by removing him from his "job" at the jail and moving him to a dorm with fewer privileges, (2) retaliated against him for submitting grievances by moving him to a dorm with fewer privileges, and (3) failed to protect him from assault by another inmate at the jail.

This matter is now before the Court on a motion for summary judgment filed by Sergeant[1] Landrum, Deputy Boyle, and Sergeant Bell (the "Defendants") (Doc. 16) and a motion to request items/evidence filed by Plaintiff (Doc. 19). The Court, having reviewed the pleadings and being sufficiently advised, hereby issues the following Memorandum Opinion and Order.

Facts

A. Inmate Little's Confinement

On June 6, 2012, Timothy Little ("Little") was booked into the Kenton County Detention Center ("KCDC") as a pretrial detainee and placed in a general population dormitory 106. Doc. 16-1, Bell Decl., ¶ 1. The opportunities for inmates to help deputies with uniform exchanges is randomly afforded inmates in dorm 106. Id . at ¶ 2. Inmates who are asked to help deputies with uniform exchanges receive no tangible benefits or credits for helping. Id . at ¶ 3. There is no dispute that Little began helping with uniform exchanges, although the date he began assisting is unclear.

In January 2013, Deputy Boyle suspected Little was extorting food trays, commissary items and chores from dormmates in exchange for providing the correct uniform sizes during the uniform exchanges. Doc. 16-2, Boyle Decl., p. 1, ¶ 1-2. At some point in January, Deputy Boyle stopped asking Little to assist her with uniform exchanges during her shift. Doc. 1, Complaint; Doc. 16, Def. Motion and Memo, p. 2; Id . at ¶ 3.

B. January 9, 2013 and January 11, 2013 Grievances

On January 9, 2013, Little filed a grievance complaining that Deputy Boyle had a personal vendetta against him and harassed him. Doc. 16-3, 1/9/13 Grievance. The grievance was denied as being outside the scope of available remedies. Id . Sergeant Bell offered to move Little to an isolation cell on days when Deputy Boyle was assigned to dorm 106 to avoid any conflict that Little perceived existed between them, but Little declined this option. Id .

On January 11, 2013, Little filed another grievance, complaining that Deputy Boyle was telling inmates and staff that she hated him. Doc. 16-4, 1/11/13 Grievance. Sergeant Landrum denied the grievance on January 12, 2013, because it was not filled out correctly. Id . Sergeant Landrum advised Little he could resubmit a new grievance, but cautioned that how Deputy Boyle performed her job was not a grievable matter. Doc. 16-5, Landrum Decl., ¶¶ 1-2.

Sergeant Landrum met with Little on January 16, 2013, to discuss the status of his grievance. Id . at 3. Little explained he was satisfied that the matter had been fairly settled and did not want to proceed with filing a revised grievance. Id .

Later that day, Little complained verbally to Sergeant Bell about Deputy Boyle after she did not ask him to assist with uniform exchanges and limited him to thirty seconds to exchange his own uniform. 16-2, Boyle Decl., ¶ 3; Doc. 16-1, p. 8, 1/16/13 Incident Report.

C. Transfer to Dorm with Lesser Privileges

An investigation into uniform exchange assistance revealed that inmates Little and Beal were exchanging the correct uniform sizes for items and completed chores from ...


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