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Martinez v. White

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

May 1, 2017



          Thomas B. Russell, United States District Court Senior Judge

         Plaintiff Leonel Martinez, a convicted inmate currently incarcerated at Kentucky State Penitentiary (KSP), filed a pro se complaint pursuant to 42 U.S.C. § 1983 (DN 1). Thereafter, he filed a letter (DN 8), which the Court construes as his first amendment to the complaint. This matter is before the Court on initial screening of the complaint (DN 1) and its amendment (DN 8) pursuant to 28 U.S.C. § 1915A. For the reasons that follow, the Court will dismiss the official-capacity and injunctive relief claims and will grant Plaintiff leave to file an amended complaint.


         A. Original Complaint (DN 1)

         Plaintiff brings this action against the following eleven Defendants: (1) Randy White, KSP Warden; (2) Jennifer Whelan, Regional Manager; (3) Dr. Natasha Lyles, KSP eye doctor; (4) Melissa Mullen, KSP “Keefe Manager”; (5) Rachel Hughes, KSP “UA of Programs”; (6) Skyla Grief, KSP Warden of Programs; (7) Cookie Crews, “DOC Director”; (8) David Martin, KSP officer; (9) Bruce W. Baver, KSP nurse; (10) Karen Vickery, KSP APRN; and (11) Daniel Smith, a KSP employee. Plaintiff sues Defendants in their official capacities.

         In the complaint, Plaintiff makes several claims. First, Plaintiff alleges that on February 19, 2016, Officer Jon Ruch, who is not named as a Defendant, “was trying to break my Arm through the tray slot after took the cuffs off.” He further alleges that Defendant Warden White and “IA concur with officer Ruch, this racial abused is been happent for too long is time for ksp to stop.” Second, Plaintiff contends that Defendants Hughes and Grief have “denied access to any programs due to race they have refu[s]ed to provide hispanic inmates with programs in hispanic for these who no speak Englis[h].” He claims this violates his right to equal protection under the Fourteenth Amendment.

         Third, Plaintiff alleges that Defendant Mullen “has refused to sale CD Music to hispanic inmates, i been told by [Defendant Mullen] that she will not sale hispanic music, to wet back.” Fourth, Plaintiff claims that Defendants Smith and White have “limited the access to the library wiht only 4 typewriter and 4 chairs for all ksp population for over 1000, inmates this clearly retaliation for ecercirzing are legal rights in this court.”

         Fifth, Plaintiff states as follows:

[O]n June 17, i was sceduled a legal call with court appointed monitor of the Kentucky Deaf case, ADAMS AND KNIGHTS V KDOC, The call was supposed to be confidential legal call, but ksp warden having two corrections officers listing to the legal conversation, cto Harris [who is not named as a Defendant] and [Defendant] Daniel Smith was right in my face, officer Lisa Crick [who is not named as a Defendant] told officer Micheal Bradford [who is not named as a Defendant] to write me up due to this legal call.

         Sixth, Plaintiff asserts that on August 23, 2016, Defendant White “use a female officer Laura Delaney [who is not named as a Defendant] to lied to put me in segregation in retaliation of court monitor visit,, , the write up was dismissed and i still did 30 days in segregation.”

         Seventh, Plaintiff claims, “on visit i was in shackles handcuffs two days with out a shower dirty linnings, i was not allow to use my hearing ai[d], i only can hear from my right ear i had to put my right ear in Ms MARGO, face[.]”

         Eighth, Plaintiff alleges that the Grievance Coordinator, Defendant Smith, has “discriminated against me based on my race by denying all that grievance i filed, Mr. Smith is being used his position to reject all my grievance, promoting racial, treatment.” Plaintiff claims that per policy an inmate should be placed on a grievance restriction for six months but that Defendant Smith has “placed him in a grievance restriction for over a year, this very clear ksp is trying to do anything to selence me.” He alleges, “i been suffering from bipolar disorder due to all that racial treatment and abuse that ksp officials promoting by ksp Randy White . . . have put me through, these syndromes include headache fast heart beat panic attacks increase of my blood pressure, ksp have refused to do anything to stop all this racial treatment and retaliation.”

         Ninth, Plaintiff claims that on January 18, 2016, Lt. Combs, Sgt. Odell, Officer Ruch, and another officer, none of whom are named as a Defendant, went to his cell “destroying all my legal material and pictures of my kids, only two of 4.” He claims non-Defendants Lt. Combs and Officer Ruch made “false accuations saying that they have found a knife [Defendant] ksp warden Randy White has allow officers to abuse me and discriminate against me 24, 7, 365.”

         Tenth, Plaintiff contends that on November 22, 2016, Defendant Martin “went into my cell 6ch, f, 13 to intenteally broke my CL20 head phone . . . all racial abused by ksp official is been promoting by [Defendant] Randy White who ...

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