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Banks v. Hiland

United States District Court, W.D. Kentucky, Paducah Division

September 2, 2014

JASON L. BANKS, Plaintiff,
v.
STEVE HILAND, et al., Defendants.

MEMORANDUM OPINION AND ORDER

THOMAS B. RUSSELL, Senior District Judge.

This matter is before the Court upon Defendants Eric Hampton, Chanin Hiland, Steve Hiland, Chad Knight, Harlin Martin, John Wood, Diana Yeager, and Randy White's (collectively referred to as "Defendants") Motion for Summary Judgment. (Docket No. 35.) Plaintiff Jason Banks has filed a Motion for Summary Judgment, (Docket No. 44), which the Court will treat as a response to Defendants' Motion for Summary Judgment.[1] Defendants have replied. (Docket No. 44.) This matter is now fully briefed and ripe for adjudication. For the following reasons, the Court will GRANT in part and DENY in part Defendants' Motion for Summary Judgment. (Docket No. 35.)

Plaintiff Jason Banks has filed a Motion for Entry of Default against Defendants Heather Losser and Gingy Grider. (Docket No. 43.) Defendants have responded. (Docket No. 46.) Defendant Heather Losser has filed a Motion for Leave to File an Answer. (Docket No. 48.) For the following reasons, Plaintiff's Motion for Entry of Default is DENIED. (Docket No. 43.) Defendant Heather Losser's Motion for Leave to File an Answer is GRANTED. (Docket No. 48.)

BACKGROUND

Factual Background and Allegations

Because the Court previously screened Plaintiff's complaint pursuant to 28 U.S.C. ยง 1915A and dismissed several claims, (Docket No. 15), the Court provides only the factual background relevant to Plaintiff's remaining claims.[2] The claims that remained after the screening were: excessive force claims against Knight and Martin; denial of medical treatment claims against Dr. Steve Hiland, Chanin Hiland, Wood, Grider, and Losser; a retaliation claim against Hampton; equal protection violation claims against Dr. Hiland and Chanin Hiland; and an interference with mail claim against Yeager. (Docket No. 17.)

I. Excessive Force Allegations

Plaintiff alleges that on June 5, 2012, while in the outside recreation cage, he was told by a correctional officer (CO) to stop talking with another inmate.[3] (Docket No. 14, at 3.) He refused to comply and was then told to back up to the cage to be handcuffed. ( Id. ) Subsequently, other COs arrived, which he contends included Knight and Martin. ( Id. ) Eventually, he backed up to the cage and was placed in handcuffs and leg restraints. ( Id. ) Then, Plaintiff alleges, Knight and Martin "roughly grabbed each of [his] arms and literally dragged [him] across the compound to three cell house with his pants down to his knees exposing his privates and pushing up on Plaintiff's right wrist causing it to bend in unnatural positions causing it to pop and break." ( Id. at 3-4.) He alleges that when he got to the entrance door, his "head and left shoulder were repeatedly rammed into the entrance door, walls, strip cages and concrete floor." (Docket No. 14, at 4.)

II. Denial of Medical Treatment Allegations

Plaintiff states that "[d]ating back to 2007 [he] was being treated for a stomach condition more severe than acid reflex." (Docket No. 1, at 10.) Eventually, he was placed on a stomach acid medicine called Bentyl, but when his prescription expired in January 2012 Chanin Hiland refused to renew it in order to "to give him a trial run off of it." (Docket No. 1, at 10; see also Docket No. 1-35.) In response, Plaintiff repeatedly asked to be put back on Bentyl, filed grievances, and wrote letters requesting his Bentyl prescription be renewed. (Docket Nos. 1-36; 1-37; 1-39.) Plaintiff maintains that he was taken off the medication by Steve and Chanin Hiland for "punishment reasons" and "retaliation."[4] (Docket No. 7, at 10-11.)

Plaintiff also alleges that on August 3, 2012, he stopped John Wood because he "was experiencing strong abdominal pains and vomiting and was [was] unable to keep any food down, " and nothing was done. (Docket No. 14, at 9.) Finally, as to Grider and Losser, Plaintiff alleges they refused him medications and either outright refused him mental health treatment or their treatment was extremely belated. (Docket No. 7, at 15.)

III. Retaliation Allegations

Plaintiff generally alleges that Hampton subjected him to retaliation as a result of complaints and grievances Plaintiff filed against him.[5] Specifically, Plaintiff alleges that on September 26, 2012, "Hampton set Plaintiff up with some mattress string and wrote [him] up." (Docket No. 14, at 12.)

IV. Equal Protection Violation Allegations

Plaintiff alleges that on March 29, 2012, he complained of severe stomach and chest pains, but did not see anyone until he had gone five days without eating because of "racial bias." ( See Docket No. 15, at 12-13; see also Docket No. 1-40.) He lists three white inmates who were allegedly promptly taken to medical after they complained of symptoms similar to his. (Docket No. 1-40.)

V. Interference With Mail Allegations

Plaintiff alleges that he is not receiving incoming mail and that his outgoing mail is not being received because Yeager is "throwing ...


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