United States District Court, W.D. Kentucky
CLARENCE A. HILL, JR. PLAINTIFF
JAIL COMMANDER ART MAGLINGER et al. DEFENDANTS
MEMORANDUM OPINION AND ORDER
H. McKinley Jr., District Judge
a pro se civil rights action brought by a convicted
prisoner pursuant to 42 U.S.C. § 1983. The Court granted
Plaintiff Clarence A. Hill, Jr., leave to proceed in
forma pauperis. This matter is before the Court for
screening pursuant to 28 U.S.C. § 1915A. For the reasons
set forth below, the Court will dismiss certain claims but
allow Plaintiff the opportunity to amend his complaint.
SUMMARY OF COMPLAINT
is incarcerated at the Daviess County Detention Center
(DCDC). He names three DCDC officials as Defendants in this
action - “Jail Commander”/Chief Jailer Art
Maglinger, “2nd Command” Major Jack Jones, and
“3rd Command” Lt. Moore. Plaintiff sues
Defendants Maglinger and Jones in both their official and
individual capacities. Plaintiff does not indicate in what
capacity he sues Defendant Moore, but construing the
complaint broadly, as the Court is required to do at this
stage, the Court construes the complaint as suing Defendant
Moore in both his official and individual capacities as well.
makes the following allegations in his complaint:
This jail has several problems in it. It has been overcrowded
the whole time that I've been here. Sept. 15, 2018 is
when I got arrested there has been at least 25 people in here
at all times and at least 7 people on the floor. The only
reason why it might be a little smaller at times is because
people in the cell tell the new people coming in that are
weak or old if they don't fight, they better get out of
the cell or they will get beat up pretty bad or they might
even get extorted by the people in here with them.
Another problem in here is the food service. Most of the time
when we get trays they are always cold. And the portion that
they feed us like we are young children in school, not grown
An with the cell's being overcrowded, we are all in
unclean conditions no matter how many time we try to clean
are cells. Also they are suppose to bring the cleaning supply
cart in twice a day most of the time they don't. A lot of
the times the mop's and brooms and the cleaning brush we
are suppose to clean the shower isn't clean. Also the
unclean conditions we have when they change out clothes,
towels, sheets or whatever it is. They pass it out on
3rd shift most of the time usually late and a lot
of people don't get up or they run out of the [illegible]
before we get it.
Also, I am a state inmate and they have me sleeping on the
floor. They should at least have me sleeping on a boat. Plus
I am 47 yrs old and I have back problems and they have me
sleeping on the concrete floor.
Plus, there is a person in here that was moved from building
III from Laundry that has MRSA Staph Infections . . . That
person is suppose to be by hisself. Because if something
happens and he starts bleeding then any and everybody is at
risk of getting that disease.
And all of those issues causes fights, stressing among the
environment that we are being housed in. [Illegible]. People
getting extorted. People cell bossing the weak, the scared,
and the older people.
Because it has been on the news that this Jail is housing
over 780 prisoners in a 600 prisoner detention center.
Also it is a federal lawsuit to have any state inmates
sleeping on the floor . . .
Plus, they are suppose to house all state inmate together,
and to keep county and state inmates apart from each other.
As relief, Plaintiff seek punitive damages.