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McDonald v. Elshcide

United States District Court, W.D. Kentucky, Owensboro Division

March 5, 2018

TIMOTHY W. MCDONALD PLAINTIFF
v.
MAJOR ELSCHIDE et al. DEFENDANTS

          PLAINTIFFS, PRO SE DEFENDANTS DAVIESS COUNTY ATTORNEY

          MEMORANDUM OPINION

          JOSEPH H. MCKINLEY, JR., CHIEF JUDGE UNITED STATES DISTRICT COURT

         Plaintiff Timothy W. McDonald, a state prisoner incarcerated in the Wayne County Detention Center, filed a pro se complaint pursuant to 42 U.S.C. § 1983. This matter is before the Court on initial screening of the complaint pursuant to 28 U.S.C. § 1915A. For the reasons that follow, the Court will dismiss the action.

         I.

         In this § 1983 civil-rights action, Plaintiff challenges the conditions of his confinement during his incarceration in the Daviess County Detention Center (DCDC). In the caption and parties section of the complaint, he names the following DCDC officers as Defendants in their individual and official capacities: Major Elschide; Lt. Jack Jones; Corporal Reagan Bennett; and Head Jailer David Osborne. In the caption, he also names “All of Daviess County Detention Center” as a Defendant.

         In the statement-of-claims section of the complaint, Plaintiff first alleges as follows:

On 9-25-2015 Major Elschide Tricked Me into his office by Telling Correction Office/Deputy Schulky To Tell me I have an Attorney visit. Then He said he heard I had some sort of Drugs on my Person. I Told Him that's a lie. Then He ask Lt. Jack Jones To Search me [and] Corpral: Reagan Bennett to search Plaintiff. And They took Plaintiff in a Small Room with No camera's [and] They Attacked me once I was undressed Fully Naked [and] they Physically [and] sexually Assaulted me. And Major Elschide charged me with False Charges That Never happen. There was 7 officers Present when Major Elschide Told Lt. Jones [and] Corpral Bennett what the charges was going to be [and] as to how it all whent down [and] Lt. Jones [and] Corpral: Bennett Agreed [and] To the Plaintiff to charge me with 1 Count of Assault on a Corrections Officer 3rd Degree [and] 1 Count of Tampering with Physical Evidence.

         As to Defendant Jones, Plaintiff additionally claims:

         Then once out of High Risk Jack Jones went as Far as to Slander My name to other inmates to Place my Life in danger by Telling Lies That I told on other inmates so that I'd get into fights as I did with James Havener [and] afterwards He went to his cell 137 [and] thanked him. The Plaintiff recieved a Concussion From where the Plaintiff fell [and] hit his head on the steel Table seat. The Plaintiff gets Lightheaded [and] dizzieness occasionally every since this happened. And Jack Jones Allowed me [and] James Havener to be on Visit knowing We had an Altercation in Feb 2016. Then on 3-30-2016 He Put The Plaintiff in a Holding cell with James [and] Josh Havener Trying to Strike another Altercation.

         Further, Plaintiff claims that Defendant “David Osborne; Head Jailor Allowed These Officers to get away with Committing Crimes under his scope [and] Not concerned as to How or Why I was in ‘High Risk.'” He further alleges that Defendant Osborne “Refused to give me Medical Attention by his staff” and that “When in ‘High Risk' he refused to talk by ignoring me calling him while I was injured.”

         Plaintiff alleges that Defendants violated the Sixth, Eighth, and Fourteenth Amendments to the U.S. Constitution and Sections 10, 17, and 227 of the Kentucky Constitution. He also alleges a violation of his due process rights, unreasonable search and seizure, cruel and unusual punishment, excessive force, falsification of information on a Uniform Citation Report, and “Deformation of character [and] Slander.”

         As relief, Plaintiff seeks “Prosecution [and] Removal of local officials or Officer's for misfeasance, malfeasance” as well as compensatory and punitive damages.

         II.

         Because Plaintiff is a prisoner seeking relief against governmental entities, officers, and/or employees, this Court must review the instant action under 28 U.S.C. § 1915A. See McGore v. Wrigglesworth, 114 F.3d 601, 604 (6th Cir. 1997), overruled on other grounds by Jones v. Bock, 549 U.S. 199 (2007). Under ยง 1915A, the trial court must review the complaint and dismiss the complaint, or any portion of the complaint, if the court determines that it is frivolous or malicious, fails to state a claim ...


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