Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Moorman v. Belt

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

July 10, 2018

CURTIS MOORMAN PLAINTIFF
v.
TROY BELT et al . DEFENDANTS

          MEMORANDUM OPINION AND ORDER

          Thomas B. Russell, Senior Judge United States District Court

         This is a pro se civil rights action brought by a convicted prisoner pursuant to 42 U.S.C. § 1983. The Court has granted Plaintiff Curtis Moorman leave to proceed in forma pauperis. This matter is before the Court upon a motion by Plaintiff for leave to file a second amended complaint (DN 18). IT IS HEREBY ORDERED that this motion is GRANTED. IT IS FURTHER ORDERED that Plaintiff's previous complaint and amended complaint are DISMISSED as “nullities” because “an amended complaint supercedes all prior complaints.” Drake v. City of Detroit, 266 Fed.Appx. 444, 448 (6th Cir. 2008).

         The Court will now conduct a screening of Plaintiff's second amended complaint (DN 18) pursuant to 28 U.S.C. § 1915A. For the reasons set forth below, this action will be dismissed in part and allowed to proceed in part.

         I. SUMMARY OF SECOND AMENDED COMPLAINT

         Plaintiff names the following as Defendants in this action - Kentucky State Penitentiary (KSP) and the following KSP officials: Brandon Inglish, Jesse Coombs, Troy Belt, Jorge Pillion, Aaron Jewell, Tami Bauer, Nathaniel DeBoe, and Perry Sanders.[1, ][2] Plaintiff sues the individual Defendants in both their official and individual capacities.

         Plaintiff first alleges that on June 29, 2017, Defendants Inglish, Deboe, and Sanders were involved in an incident in which Plaintiff was placed in a restraint chair and both a “shock shield” and taser were used upon him. Plaintiff states that he was then left in the restraint chair for two hours.

         Plaintiff alleges that on July 5, 2017, Defendants DeBoe, Pillion, Jewell, and Coombs were sent to escort him to an interview and that they rammed his head into 16 doors, slammed him into a metal gate, and pushed him down a flight of stairs.

         Plaintiff then states that on July 6, 2017, Defendants Deboe and Pillion used the same force against him when they escorted him to and from his adjustment committee hearing.

         Plaintiff states that Defendants Sanders, Jewell, and Bauer “all aided by physically participating in the assaults and/or encouraged officers who did participate to continue these assaults . . . .”

         Plaintiff also seems to claim that Defendants Coombs, Belt, Inglish, Pillion, Sanders, and Deboe retaliated against him for filing grievances about the way he had been treated by providing “false information” about him in a misconduct investigation and “disciplining him falsely.”

         Finally, Plaintiff states that although he has completed “all disciplinary segregation, ” he has “now been confined to administrative segregation in excess of 305 days which has created an atypical and significant hardship in relation to the everyday experiences of prison life.”

         Plaintiff claims that his rights have been violated under the First, Eighth, and Fourteenth Amendments. He also claims that unconstitutional policies, procedures, practices, and customs were the moving force behind the violation of his constitutional rights.

         As relief, Plaintiff seeks compensatory and punitive damages, as well as declaratory and injunctive relief.

         II. ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.