Sublett v. Henson

          MEMORANDUM OPINION AND ORDER

          Thomas B. Russell, Senior Judge United States District Court

         Plaintiff 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.

         The original complaint names the following Defendants: George Henson, identified as a correctional officer at KSP; the Kentucky Department of Corrections^[1] (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 capacities.

         In the 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. 5:15CV-199-TBR.

         Plaintiff states that on February 2, 2016, ^[2] 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 occurred:

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 Sublett.

On February 7th, 2016, c/o Henson filed a false Disciplinary Report against Sublett for Disrespectful Language.

         Plaintiff 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 false statement.

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 disrespectful.

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 report's.

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.

         As 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 ...