United States District Court, W.D. Kentucky, Paducah Division
MEMORANDUM OPINION AND ORDER
B. Russell, Senior Judge United States District Court
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).
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.
SUMMARY OF SECOND AMENDED COMPLAINT
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
Plaintiff sues the individual Defendants in both their
official and individual capacities.
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.
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.
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.
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 . . . .”
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.”
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.”
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
relief, Plaintiff seeks compensatory and punitive damages, as
well as declaratory and injunctive relief.