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Wheatley v. Ford

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

July 9, 2019

MICHAEL EDWARD WHEATLEY PLAINTIFF
v.
RODGER FORD, JAILER et al. DEFENDANTS

          MEMORANDUM OPINION

          THOMAS B. RUSSELL, SENIOR JUDGE

         Plaintiff Michael Edward Wheatley, currently a convicted prisoner incarcerated in the Fulton County Detention Center, filed a pro se complaint (DN 1) and amended complaint (DN 9). Thereafter, he filed a letter (DN 14), which the Court construes as a motion to amend the complaint and GRANTS. This matter is before the Court on initial review of the pleadings pursuant to 28 U.S.C. § 1915A. For the reasons that follow, the Court will dismiss this action.

         I.

         Plaintiff filed this civil-rights action pursuant to 42 U.S.C. § 1983, complaining of an incident that occurred during his pretrial detention at the Marshall County Jail (MCJ). As Defendants, Plaintiff names MCJ Jailer Rodger Ford; “Deputy Chief Jailer, ” who is “2nd in command”; “Medical Department”; and “Maintenance Department.” He sues Defendants in their official capacities.

         Plaintiff alleges that on July 30, 2017, [1] he was working in the kitchen at MCJ when “I was help cleaning up a mess that one of the cooks had made with a Big Mixer” (DN 1, Compl.).

         He continues:

while I was bending over one of the other inmates push on the machine try to get it to move out from the walk to get behind it so he could clean, when the whole machine fell off the stand that it was on. it was not bolted down or welded. it just fell off. to stop it from crushing me I tried to push it away from me. the knob on the side [] cought ahold of my jumpsuit where it fell on down taking my arm and hand with it. the side of bowl chopped off a portion of my finger on my left hand.

Id. Plaintiff claims that the “machine weights about as much as a small motor and shouldn't have been on that table unless it was bolted or welded to the stand. and it wasn't. [MCJ] created a unsafe work atmosphere.” Id. He further claims that “maintenace knew it didn't work right” (DN 9, Am. Compl.).

         Following the incident, asserts Plaintiff, he was taken to the Marshall County hospital by Defendant Deputy Chief Jailer. Id. He states that at the hospital, he was told that his finger could not be reattached and that surgery was scheduled for four days thereafter “to close up” his finger. Id. Plaintiff reports being given medication at the hospital and that upon return to the jail, Defendant Deputy Chief Jailer told him “that I was going to be put in segregation because the medication I had to take was a narcotic.” Id. Plaintiff claims as follows:

At pill call the next morning the officer said they couldn't find my medication that the hospital sent with me back to the jail I ask to see Medical and the lady from Medical and the Jailer came to talk to me and said my medication was missing and the Jailer said he'll look into it. I layed in segregation for 3 days in exstream pain medical gave me “Iburprofen” and finally let me out of segregation because they couldn't find out where my medication was or who took it. I layed in segregation in pain for 3 days because my medication was taken by one of the jail staff and the Jailer Mr. Ford knew about it and knew I was in pain but didn't try and help or even look into what happen to my medication. I shouldn't had to suffer like that.

Id.

         As relief, Plaintiff seeks damages.

         II.

         Because Plaintiff is a prisoner seeking relief against governmental entities, officers, and/or employees, this Court must review the instant action under 28 U.S.C. § 1915A. Under § 1915A, the trial court must review the complaint and dismiss the complaint, or any portion of the complaint, if the court determines that it 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 ยง ...


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