United States District Court, W.D. Kentucky, Louisville
MEMORANDUM OPINION AND ORDER
H. McKinley, Jr., Chief Judge
Clifford Morris filed the instant pro se 42 U.S.C.
§ 1983 action proceeding in forma pauperis.
This matter is before the Court on initial review of the
action pursuant to 28 U.S.C. § 1915A.
filed his original complaint on his own paper. In response to
a notice of deficiency, Plaintiff filed an amended complaint
(DN 9) on the Court's approved 42 U.S.C. § 1983
form. Plaintiff also filed a second amended complaint (DN
11), which appears to largely duplicate the first amended
complaint except that it contains a relief section of the
Court-approved § 1983 form that was not included in the
first amended complaint. The Court construes the first and
second amended complaints as motions to amend the complaint.
Upon consideration, IT IS ORDERED that the
motions (DNs 9 and 11) are GRANTED.
See Fed. R. Civ. P. 15(a).
Court considers the first and second amended complaints as
superseding the original complaint. The Court will conduct
initial review of the first and second amended complaints and
will consider Plaintiff's demand for relief as that
stated in the second amended complaint. For the reasons set
forth below, the Court will dismiss Plaintiff's claims
and give him an opportunity to amend his complaint.
a pretrial detainee at the Louisville Metro Department of
Corrections (LMDC), sues twenty-four officers or employees of
LMDC. The Defendants and the LMDC job title of each as
identified by Plaintiff are as follows: (1) Mark Bolton, LMDC
Director; (2) Steve Derham, LMDC Assistant Director; (3) John
Doe/Medical Provider LMDC, “Director Medical”;
(4) Dr. Miss Smith; (5) Dr. Miss Walker; (6) Miss Racheal,
“Mental Health”; (7) Miss Ashley,
“M/H”; (8) Sanders and (9) Miss Candy Polter,
both nurses; (10) Mr. Mays (Sgt.), “Int/Affairs”;
(11) Mr. Midleton, “D/R”; (12) Mr. Baker,
“C/C”; (13) Mr. Combs, (14) Mr. Green, (15) Mr.
Sacra, each a Sgt.; (16) Mr. Ashley, (17) Mr. Chaney, (18)
Mr. Finex, (19) Miss Poter, (20) Mr. Melvin, (21) Mr.
Cummins; (22) Mr. Berham, (23) Stevens, and (24) Mr.
Anthony each listed as a “CO.” He sues
each Defendant in his or her official capacity only.
lists twelve numbered claims and alleges that his rights
under the Eighth Amendment were violated in connection with
each of the numbered claims. As his first claim, Plaintiff
states that on March 7, 2016, he was “assaulted and
forced moved into H5 Dorm 5 in cuffs by Sgt. Comb.” He
states, “I had very bad night mare and prevouse dorm
put me out unit. I request medical dorm or single cell do to
off meds for PTSD.”
Plaintiff claims that on November 23, 2016, when he was
having lunch, “CO Stevens strangles me pick me up an
makes 90 degree turn slams me and starts chocking me, causing
injurys to bones teeth.” He asserts that he was
stripped to only a two piece jump suit until December 13,
2016. He further states, “Dr. Smith refuse X rays but
charged. I filed keep away request grievance and verbaly (no
response back.) 3/2/17 back booking from x ray at U of L into
CO Stevens hands grabbing wheelchair. I latter placed in
restraint chair till midnight placed P/C suit.” He
alleges, “My C/R 8th Amendment violated
being assaulted with injury taken glasses.” As his
third claim, Plaintiff states, “My C/R 8th
Amendment rights were violated: request P/C to Miss Jarrett
left in OPT 2 and hours pass get stomped 3/2/17.”
Fourth, Plaintiff asserts the following:
Chaney, Finex, Ashley inter my cell as I lay face down told
me cuff up. 6-3-17 place hand on back, I then got Finex knee
into back Chaney beat right ribs and tells Ashley raise my
head up. Chaney sprays eyes an soak mattress then the three
CO's rub face back forth burning my skin by friction bare
mattress. I then cuff dragged out holding cell and another
per cuffs are used to cuff me to bench and they beat my head
very badly an Sgt. Sacra enters knocking me out. I come to
puddle blood were it running from noise. Sgt. Green takes
pictures and place me OPT 1 without seeing medical knots size
apples, fractures broken bones. I report Nurse Sanders over
over it hurts need meds. Dr. Walker & Smith are aware
file paper grvs told Racheal daily. Each day OPT 1 nobody
come close cause knots, Rachel clears me against my request
stay in OPT 1 on 6-7-17 I spit on her forced moved. Poter,
Finex, Smith 6-7-17 skip my cell feeding dinner and leaves
unit. Sgt. Green hours latter moves me unsatized J 4, 7, 8.
Leaves me only 2 peace suit mattress. Nasty cell.
fifth claim, Plaintiff states that on June 8, 2017, “CO
Mr. Berhum skips me on hour out, I stayed in nasty cell 24/7.
(7-15-17 CRV Berham brings Dr. Williams to cell after refuse
see him.)” In his sixth claim, Plaintiff states that on
May 29, 2017, “Chaney don't let me out for shower
takes my hour out.” Plaintiff's seventh claim is
that “Poter Finex take hour out cell time.”
eighth claim, Plaintiff states that on January 23, 2017,
“3rd shift wrote me D/R investigates it and
Midleton at 7 am give 50 days hole time. (He came Midleton in
less 8 hours of D/R.).” He continues, “3-10-17
C/R/V. Gives hole time after state never live G/P. 5-30-17
C/R/V Midleton don't uphold Internal Affairs recorded
interview stated never live G/P again in my life (11-23
Plaintiff's ninth claim, he asserts that on July 16,
2017, “Cummins, Athony, Melvin do cell search. Then
Cummins order me step back in cell. I then get once cuff off
one locked he cummins pulls hard injurys thumb skin cuff
jammed on thumb. Hour later serves brunch and tries push tray
out hand.” He further states, “Melvin watches as
pulls me down to floor (don't stop) 7-22, 23-17 Cummins
kicks cell door very hard. 9-25-17 Cummins feed my lunch
under door then opens hand cup fruit, 10/1/17 Cummins leaves
cell open so cell 1 on hour out come still out cell why in
tenth claim, Plaintiff states that on March 2, 2017,
“Miss Candy Polter don't check my vitals while in
restraint chair or after giving P/C suit place in cell ...