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Morris v. Bolton

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

February 27, 2018



          Joseph H. McKinley, Jr., Chief Judge

         Plaintiff 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.

         Plaintiff 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).

         The 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.


         Plaintiff, 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[1] each listed as a “CO.” He sues each Defendant in his or her official capacity only.

         Plaintiff 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.”

         Second, 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.

         For his 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.”

         As his 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 assault.)”

         In 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 bunk.”

         As his 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 ...

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