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Hill v. Jail Commander Art Maglinger

United States District Court, W.D. Kentucky

January 15, 2019

CLARENCE A. HILL, JR. PLAINTIFF
v.
JAIL COMMANDER ART MAGLINGER et al. DEFENDANTS

          MEMORANDUM OPINION AND ORDER

          Joseph H. McKinley Jr., District Judge

         This is 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.

         I. SUMMARY OF COMPLAINT

         Plaintiff 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.

         Plaintiff 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 up men.
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.

         II. ...


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