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Hearld v. Haney

United States District Court, W.D. Kentucky, at Owensboro Division

April 24, 2015

STEVEN LYNN HEARLD, Plaintiff,
v.
STEVE HANEY et al., Defendants.

MEMORANDUM OPINION

JOSEPH H. McKINLEY, Jr., Chief District Judge.

This matter is before the Court on initial review of Plaintiff Steven Lynn Hearld's pro se complaint pursuant to 28 U.S.C. § 1915A. For the reasons that follow, the Court will dismiss the action.

I. SUMMARY OF CLAIMS

Plaintiff is a convicted prisoner currently incarcerated in the Daviess County Detention Center. He filed this civil-rights action pursuant to 42 U.S.C. § 1983 against Steve Haney and Don Bottom, Wardens at Northpoint Training Center (NTC); Randy White, Warden at Green River Correctional Complex (GRCC); John Motley, Warden at Eastern Kentucky Correctional Complex (EKCC); Becky Pancake, Warden at Western Kentucky Correctional Complex; and LaDonna Thompson, Commissioner of the Kentucky Department of Corrections (KDOC). Plaintiff sues all Defendants in their individual capacity and also sues Defendant Commissioner Thompson in her official capacity.

Plaintiff's first claim pertains to Defendant NTC Wardens Haney and Bottom. He claims,

Both of these wardens were extremly prejudice and discriminating against all Sex Offenders. You can't work in the Medical department, or be in the Day Program, or take a couple of different classes there is you're a Sex Offender. I was deprived my constitutional rights by not being given my Meritorious good time, I completed all things that the classification sat down and more. One reason I was affected by this unfair treatment was because I am a Sex Offender and my job as a Grievance Aid while there. Most of the time the Warden doesn't even state why I can't have my Good Time. I was told many times by different staff that Sex Offenders can not and will not be treated the same. I for one completed the class and should be given Meritorious Good time, the class is two years long why didn't I get good tim while I was in it. I made Parole From Meritorious Housing.

Second, Plaintiff claims that Defendant GRCC Warden White, "treated me unfairly by withholding Meritorious Good time for reason beyond his control" and "discriminat[ed] against me as a Sex Offender."

Third, Plaintiff claims that Defendant EKCC Warden Motley deprived him of "due process and constitutional rights [by] not giving me my Meritorious Good Time while I was there."

Fourth, Plaintiff claims that Defendant WKCC Warden Pancake also denied him good time.

Fifth, with respect to Defendant Commissioner Thompson, Plaintiff claims, "She has allowed my constitutional rights to be violated maliciously punishing me because I am a Sex Offender. Sufficient evidence is enclosed to prove I have done all and then some as the classification set down." He maintains that "where Mrs. Thompson failed to do her duty was instead of looking at why an inmates being denied equal rights by conspiring and taking the side of her co-workers. She holds a position to override or fix said Meritorious Good Time, instead I am being discriminated against as a Sex Offender and being unintelligent."

Finally, as a timeline for when he was incarcerated at each institution, Plaintiff states as follows:

I was locked-up in Ohio Co. Kentucky and went to trial, got 16 year sentence, class D felony and a PFO in the first degree. Now the dates are close as I can remember, Locked up in Ohio County Jail July 26th 2004 until moved to Daviess CO. Jail July 26th 2005 stayed there until moved to the AC Center around March 2006 stayed a few weeks, moved to Western Ky. Corr. Complex and stayed there until around Dec 2006 moved to Northpoint for a few months, Then around Feb or March moved to Eastern Corr. Complex in around March of 2007 until I was moved to Green river Corr. Complex until around the end of 2008 until I was back to Northpoint Training Center around 2010 until I made parole around Feb. 2014. I got cheated out of my meritorious good time from the start. No one will fix it, only keep repeated what the one in front of them said. I only need about 11 months of this time. From 2004 until 2009 I never got any Meritorious Why?....

As relief, Plaintiff seeks damages and ...


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