United States District Court, W.D. Kentucky, Paducah
DAMIEN A. SUBLETT PLAINTIFF
GEORGE HENSON et al. DEFENDANTS
MEMORANDUM OPINION AND ORDER
B. Russell, Senior Judge United States District Court
Damien A. Sublett, an inmate now housed at the Western
Kentucky Correctional Complex (WKCC), filed the instant
pro se 42 U.S.C. § 1983 action concerning his
previous incarceration at the Kentucky State Penitentiary
(KSP) (DN 1). Plaintiff also filed a motion to supplement the
complaint (DN 6), which the Court granted by separate
Memorandum and Order. The complaint and supplemental
complaint are now before the Court for initial screening
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 stated below, the Court will
allow some claims to continue and dismiss other claims.
original complaint names the following Defendants: George
Henson, identified as a correctional officer at KSP; the
Kentucky Department of Corrections (KDOC); and KSP. Plaintiff
sues Defendant Henson in his individual capacity only. The
supplemental complaint lists the following Defendants: Bruce
Vondwingelo, a unit administrator at KSP; Randy White, the
KSP Warden; Skyler Grief, a deputy warden at KSP; Dan Smith,
a program director at KSP; Tim Lan, a deputy warden at KSP;
Steve Ford, a deputy warden at KSP; Jeffery Hope, a captain
at KSP; Gibbs, a captain at KSP; and Surge Martin, a captain
at KSP. Plaintiff sues each Defendant named in the
supplemental complaint in his or her individual and official
original complaint, Plaintiff describes an incident which
occurred in December 2015 while he was housed in a special
management unit. He claims that a female nurse, Kaci Simmons,
watched Plaintiff dry himself in the nude after exiting the
shower. He states that the nurse's actions violated KDOC
policy and his constitutional rights, and he reports that the
incident is the subject of another action in this Court.
See Sublett v. Sheets et al. Civil Action No.
states that on February 2, 2016,  he mailed a copy of a
“Memorandum” to Defendant Henson, whom he states
is an “official in Seven Cell House security, ”
stating that he filed suit against Simmons. He reports that
on February 7, 2016, Defendant Henson was escorting another
nurse while conducting pill call and asked Sublett to take
his medications. Plaintiff states that the following
Sublett informed c/o Henson that he was not going to take any
medication that morning. C/O Henson, then stated, “Get
up and take your medication. This nurse out here now is not
the Nurse Simmons who you filed a law suit on.”
Sublett, then informed c/o Henson that he was not going to
take any medication, and that he has a right to file a
lawsuit against Nurse Kaci Simmons. C/O Henson then stated,
he c/o Henson has the right to write disciplinary Report on
On February 7th, 2016, c/o Henson filed a false Disciplinary
Report against Sublett for Disrespectful Language.
reports that Defendant Henson “stated that Sublett
‘became loud and disrespectful stating shut my F-king
tray slot and Do your F-king job as security and stop trying
to be Medical.[']” Plaintiff further states that
the Adjustment Committee found him guilty of using
disrespectful language on February 10, 2016. He describes the
Adjustment Committee's findings as follows:
1). Sublett said he didn't want his meds and it was a
2). Nurse K. Smith said she remembers Sublett getting fussy.
But did not Hear Sublett use disrespectful language.
3). Robert Penleton stated Sublett was not being
4). Brandon Cox stated Sublett was only telling staff he
didn't want his Meds.
The Committee conclude:
Committee find the staff reports credible and accepts these
Sublett was issued a penalty of 15 days good time loss, then
after on appeal the Warden at KSP amended the penalty from 15
days GTL to 15 ds.
relief, Plaintiff demands compensatory and punitive damages
and injunctive relief in the form of stopping the enforcement
of a policy concerning observation of inmates in the special
management unit showers and ...