United States District Court, W.D. Kentucky, Paducah
TORI T. CURTIS PLAINTIFF
MICHAEL T. BRADFORD et al. DEFENDANTS
MEMORANDUM AND ORDER
N. Stivers, Judge United States District Court
a pro se civil rights action brought by a convicted
prisoner pursuant to 42 U.S.C. § 1983. The Court has
granted Plaintiff Tori T. Curtis leave to proceed in
forma pauperis. This matter is before the Court for
screening of Plaintiff's second amended complaint (DN 23)
pursuant to 28 U.S.C. § 1915A and McGore v.
Wrigglesworth, 114 F.3d 601 (6th Cir. 1997),
overruled on other grounds by Jones v. Bock, 549
U.S. 199 (2007). For the reasons set forth below,
Plaintiff's motion for leave to file a second amended
complaint will be granted in part and denied in part.
is a convicted prisoner who is incarcerated at Kentucky State
Penitentiary (KSP). On April 25, 2016, Plaintiff filed this
action against four KSP officials - Michael T. Bradford,
Samantha M. Paris, William B. Morrison, and Warden Randy
White. He sued these officials in both their individual and
complaint (DN 1) and first amended complaint (DN 8),
Plaintiff alleged that Defendant Bradford had violated his
rights by issuing a disciplinary charge against him in
retaliation for Plaintiff filing a Prison Rape Elimination
Act complaint against him. Plaintiff further alleged that
Defendant Paris had violated his rights by inadequately
investigating this charge, that Defendant Morrison had
wrongfully found him guilty of this charge, and that
Defendant White had wrongfully refused to overturn his
conviction on appeal.
August 15, 2016, the Court conducted an initial review of
Plaintiff's complaint and first amended complaint and
issued a Memorandum Opinion and Order (DN 15). In its initial
review, the Court dismissed Plaintiff's official-capacity
claims against all Defendants and his Fourteenth Amendment
due process claims against Defendants Paris, Morrison, and
White in their individual capacities for failure to state a
claim upon which relief may be granted. The Court allowed
Plaintiff's individual-capacity retaliation claim against
Defendant Bradford to proceed.
Plaintiff's second amended complaint, he essentially
restates his allegations against each of these Defendants.
However, he then clarifies that his retaliation claim is not
only against Defendant Bradford, but also against Defendants
Paris, Morrison, and White. Plaintiff states: “This is
an retaliation claim on Defendants Michael T. Bradford,
Samantha M. Paris, William B. Morrison, and Randy White, all
of this that has happen to me is retaliation because of me
and Bradford's first incident.” He also states that
“D.O.C. officers here at [KSP] tend to watch the
other's backs when it's coming to dealing with
inmates.” To the extent that Plaintiff restates his
official-capacity claims against all Defendants and his
Fourteenth Amendment due process claims against Defendants
Paris, Morrison, and White in their individual capacities,
the Court will deny his motion for leave to file a second
amended complaint for the reasons set forth in the
Court's prior Memorandum Opinion and Order. However, to
the extent that Plaintiff seeks to add retaliation claims
against Defendant Paris, Morrison, and White in their
individual capacities, the Court will grant Plaintiff leave
to amend his complaint. See, e.g., Thomas v.
Eby, 481 F.3d 434 (6th Cir. 2007).
IT IS HEREBY ORDERED as follows:
Plaintiff's motion for leave to file a second amended
complaint (DN 23) is GRANTED in part and DENIED in part.
Clerk of Court is DIRECTED to add Samantha M. Paris, William
B. Morrison, and Randy White as parties to this action.
Clerk of Court shall forward by certified mail, return
receipt requested, one copy of the second amended complaint
(DN 23), this Memorandum and Order, and the Revised
Scheduling Order Dated this date to the Justice & Public
Safety Cabinet, Office of Legal Counsel, Frankfort, Kentucky.
General Counsel shall have 30 days after receipt by certified
mail of the second amended complaint and this Memorandum and
Order to complete and return a notice of waiver of service
for Defendants Samantha M. Paris, William B. Morrison, and
Defendant Randy White.
Should counsel for the Justice & Public Safety Cabinet
not represent any Defendant, the Court requests General
Counsel to provide a forwarding or last known address for
that Defendant so that it may ensure service. If the address
is not public record, counsel shall file it under seal.
Clerk of Court is DIRECTED to prepare and issue summons at
the address provided by the Justice & Public Safety
Cabinet for any Defendant for whom a waiver is not returned,
and the United States Marshal shall serve a copy of the
second amended complaint (DN 23), this Memorandum and Order,
the Revised Scheduling Order Dated this date, and summons on
that Defendant in accordance with Rule 4 of the Federal Rules
of Civil Procedure.
Should Plaintiff receive notice that a summons is returned to
the Court unexecuted, Plaintiff is WARNED that he must take
steps to remedy the defect in service by providing additional
information to the Court Failure to do so within 90 days of
entry of this Order may result in dismissal of the Defendant
at issue. See Fed R. Civ P. 4(m).
parties shall serve upon opposing parties, or their counsel,
a copy of each document filed in this action as required by
the Federal Rules of Civil Procedure, including a certificate
of service stating the date on which the copy was sent to
opposing parties. Any paper received by the Court which has
not been filed with ...