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Fant v. Kentucky State Penitentiary

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

October 24, 2018

ANDRE FANT PLAINTIFF
v.
KENTUCKY STATE PENITENTIARY et al. DEFENDANTS

          MEMORANDUM OPINION AND ORDER

          Thomas B. Russell, Senior Judge United States District Court.

         Plaintiff Andre Fant, pro se, filed this civil-rights action pursuant to 42 U.S.C. § 1983 against various government officials. This case is before the Court for screening pursuant to 28 U.S.C. § 1915A and McGore v. Wrigglesworth, 114 F.3d 601 (6th Cir. 1997), overruled on other grounds by Jones v. Bock, 549 U.S. 199 (2007). For the following reasons, this case will be dismissed in part and allowed to continue in part.

         I. STATEMENT OF CLAIMS

         Plaintiff, an inmate at the Kentucky State Penitentiary (KSP), names as Defendants KSP and multiple KSP employees in their individual and official capacities, as follows: Sgt. Brendan Inglish; Correctional Officer Nathaniel Deboe; Correctional Officer Michael Alexander; Correctional Officer Charles Conner; Correctional Officer Perry Sanders; Classification Training Officer Michael Massey; Correctional Officer Quinton Harris; Warden Randy White; Lt. Jesse Combs; Major Will Thomas; Internal Affairs Officer James Beavers; Deputy Warden Steve Ford; Deputy Warden Skylar Grief; Captain Frederick Rodgers; Correctional Officer Brian Neely; Correctional Officer George Pillion; Correctional Unit Administrator Troy Belt; Correctional Unit Administrator Josh Patton; Correctional Treatment Officer Micah Melton; and Sgt. Gage Rodriguez. He alleges that on June 29, 2017, he was accosted by an officer and “resisted apprehension.” He states that he was then taken to the segregation unit, stripped out, and placed in a restraint chair, during which time he complied, was “calm, and had “zero incidents.” He states that while he was in the chair, several comments were made about him, such as “‘n***** wanna assault staff”” and “wouldn't be the first one we killed.'” Plaintiff alleges that he “knew something was going to take place so I made sure I didn't move in any way that would justify them doing anything harmful to me.” However, he alleges that he was “shocked for no reason” and that the “shockings were so severe that I bit through my tongue [and] medical attention was refused.” Plaintiff alleges that the use of excess force was malicious, sadistic, and not justified by legitimate law enforcement need.

         Plaintiff alleges that when he asked Defendant Harris to fix the spit mask on his face Defendant Harris instead hit him “open-handed, ” then fixed the mask, but then started choking him with it. He further states that he “was stripped out in nothing but boxers and a mattress for approximately nine . . . days.”

         The complaint next refers to a different incident in which Defendant Pillion tossed Plaintiff's sack lunch in the toilet. Plaintiff states that he had complained about his tongue being split due to being shocked so many times. He states that his next sack lunch had been pepper sprayed and that Defendant Inglish gave him a sack lunch containing only an apple that had already been bitten and no drinking water. He states that he wrote Warden White about the incidents of abuse.

         Plaintiff further alleges that Defendant Deboe “told me prior that he was going to do something. Schocked me with the shock shield and chocked me with the spit mask while I was restrained in the chair.” He also alleges that Defendant Inglish shocked him with a taser while he was restrained; that Defendant Massey, “the camera man[, ] purposefully manipulated the camera to shield planned assault” and gave false statements to cover up; and that Defendant Sanders, Neely, Conner, Alexander, “all aided by physically holding me down while I was being assaulted . . . [, ] failed to intervene and provided false information . . . .”

         Plaintiff alleges that Defendant Combs falsified emergency operations reports “in an attempt to cover up staff conduct and . . . lied on record at the hearing.”

         Plaintiff alleges that Defendant Thomas “signed off” on false reports; Defendant Beavers failed to investigate Plaintiff's claims properly; Defendant Ford “signed off on me being stripped out with [Defendant] Belt based on a false report that [Defendant] Rodriguez produced”; Defendant Grief “failed to act”; and Defendant Rodgers “failed to act when I was in the chair.” He also alleges that when he filed grievances and wrote letters related to his being assaulted and having his food tampered he was falsely disciplined.

         Plaintiff also alleges that he has completed all disciplinary segregation and has been confined to administrative segregation for over 305 days, which he alleges is an atypical and significant hardship, and that he has been told that he must take the “Transition Program in order to be released from long-termed segregation by Josh Patton and Micah Melton despite his compliance and willingness to keep clear conduct.”

         Plaintiff further alleges that Defendants White, Ford, Grief, and Thomas “failed to properly train and supervise their staff employees as to their conduct of excessive use of force and assaults upon plaintiff in the violation of his constitutional amendment rights[.]”

         Plaintiff attaches various documents to his complaint.

         As relief, Plaintiff asks for declaratory and injunctive relief and nominal, compensatory, and punitive damages.

         II. ...


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