United States District Court, W.D. Kentucky, Paducah
MARLIN J. BROWN PLAINTIFF
RODNEY MORGAN et al. DEFENDANTS
MEMORANDUM OPINION AND ORDER
B. Russell, Senior Judge United States District Court
matter is before the Court for screening of pro se
Plaintiff Marlin J. Brown's complaint pursuant to 28
U.S.C. § 1915A. For the reasons set forth below,
Plaintiff's official-capacity claims will be dismissed,
but Plaintiff will be allowed to amend his complaint.
SUMMARY OF COMPLAINT
is a pretrial detainee at McCracken County Jail (MCJ). He
names two individuals as Defendants in this action - Rodney
Morgan and Tonia Ray, the MCJ Jailer.
allegations indicate that Defendant Morgan is a guard at the
MCJ. Plaintiff sues both Defendants in their official
incident described in the complaint allegedly occurred on
February 10, 2018.
signed his complaint on February 16, 2018. In the grievance
attached to the complaint, Plaintiff states as follows:
I was maced during early this morning. Some guys in my cell
were horseplaying, the guards come in and one of them Rodney
sprayed his mace. I was laying on my mat on the floor the
mace hit me in the face soaking my blanket, commissary items,
and pieces of paper. After the event, I was taken to the
front, told to shower, wash my face. My clothes had spray on
them so they took my clothes wash them sent me back to my
cell. My bedding had spray on it. I had to throw commissary
items I bought away. My skin is very sensitive and burns
still, I can still feel it on my throat my vision is
blurry. I have repeatedly asked to be seen by the medical
staff and have been treated (rudely) by this shift. They will
not bring me new face towels or bath towels. I'm having
severe anxiety and am begging for help. I also received a
mark on my back as a result of the mace.
appears to be a continuation of his grievance, Plaintiff
indicates that the mace made him “throw up from cell
blocks up to booking area, couldn't breath, my asthma has
flared up very bad. Anxiety has gotten real bad.” He
The spray was so bad it started eating my skin up on my back
and face. I was asking for medical and they wouldn't give
it to me saying nothing is wrong with me it's nothing but
pepper. But my skin is different from everyone else's. My
skin is still burning and hurting from it, and they seem to
don't care been all rude and mean to me, and denied my
medical is the hurt part because I'm still not 100% . . .
I'm still like wanna know why my skin is burning the way
it is . . . They won't give me a different towel or face
towel they had to took my other one's . . .
complaint itself, Plaintiff lists the following as injuries
from his alleged exposure to mace - blurry vision, aggravated
asthma, difficulty breathing, irritated sensitive skin, rash,
anxiety, and vomiting.
relief, Plaintiff seeks compensatory and punitive damages.
prisoner initiates a civil action seeking redress from a
governmental entity, officer, or employee, the trial court
must review the complaint and dismiss the complaint, or any
portion of it, if the court determines that the complaint is
frivolous or malicious, fails to state a claim upon which
relief may be granted, or seeks monetary relief from a
defendant who is immune from such relief. See §
1915A(b)(1), (2); McGore ...