Crouchman v. Pickens Cnty. Council
| Decision Date | 03 February 2017 |
| Docket Number | Civil Action No. 9:16-0804-CMC-BM |
| Court | U.S. District Court — District of South Carolina |
| Parties | Jeffrey William Crouchman, Plaintiff, v. Pickens County Council, Sheriff Rick Clark, Captain Nix, Lt. Kristi Leopard, Sgt. Visage, Sgt Tomberlin, Deputy Evans, Officer Nowaczcki, Officer Hardy, Officer Talley and Officer Morales, Defendants. |
This action has been filed by the Plaintiff, pro se, pursuant to 42 U.S.C. § 1983. Plaintiff, who at the time this action was filed was a pretrial detainee at the Pickens County Detention Center,1 alleges violations of his constitutional rights by the named Defendants while he was housed at the Detention Center.
The Defendants filed a motion for summary judgment pursuant to Rule 56, Fed.R.Civ.P., on November 10, 2016. As the Plaintiff is proceeding pro se, a Roseboro order was entered by the Court on November 15, 2016, advising Plaintiff of the importance of a dispositive motion and of the need for him to file an adequate response. Plaintiff was specifically advised that if he failed to respond adequately, the Defendants' motion may be granted, thereby ending his case. After initially failing to respond (See Court Docket No. 46), Plaintiff filed a response in opposition to the Defendants' motion January 9, 2017. The Defendants thereafter filed a reply memorandum on January 17, 2017.
The Defendants' motion is now before the Court for disposition.2
Plaintiff, a frequent filer of pro se litigation in this Court, has submitted a verified Complaint4 containing a hodgepodge of claims and allegations. Plaintiff alleges that during the relevant time period he was a pretrial detainee at the Detention Center, that the Defendant Pickens County Council is responsible for the oversight and maintenance of the Detention Center, that the Defendant Sheriff Rick Clark is responsible for the care, health and safety of inmates at the Detention Center, and that the remaining Defendants are all employees of the Sheriff's Office and/or the Detention Center.
Plaintiff alleges that he was booked into the Detention Center on November 12, 2015, at which time he advised a "Sgt. Underwood" that he had a heart condition and that his situation had not changed since he was there a few months earlier. Plaintiff alleges that because of his physical limitations due to his heart condition and "obvious risk of harm if he was placed in general population", that B-Block was the best place for him to be housed.5 However, Plaintiff alleges that "immediately after being placed in B-Block, [he] observed filthy condition in the Unit, including fifty year old sinks and toilets that were corroded and full of mold, shower stall and bathroom walls and ceiling covered with black mold, brown water that periodically comes out of sink, filthy mold in and under rim of toilet, plumbing that does not work properly, sinks and toilets that backup and remain non-working for several days at a time, sometimes a week or more and requests to fix them are ignored, and the bathroom and common area where the shower is located is sometimes two inches deep of water mixed with urine, as well mold in cell". Plaintiff further complains that he was not seen immediately by the medical staff during intake screening, even though he cannot miss a day of taking his medication because of his heart condition. Plaintiff also complains that there is "no provision in jail policy for detainee's to receive needed meds immediately", and that, as of the filing of his Complaint, he was "still waiting to see mental health professional for his psychiatric needs and meds", complaining that he had been at the jail for "3 months now [and] still waiting".
Plaintiff further complains that telephone use is restricted and he is only allowed to use the telephone on Sundays and Wednesdays, usually between 7:30 and 8:00 a.m. which is "too early". Plaintiff also complains that there is "no provision for calling your attorney". Plaintiff further complains that toilet paper is only handed out once a week, and that inmates are denied toilet paper daily even if they "run out". He also complains that there is no TV in B-Block, even though every other cell block has a TV as well as phone use daily.6 Plaintiff complains about not being allowed these privileges, even though he is not in B-Block for disciplinary reasons, and that he has had to "chose between being at risk of harm due to his health [while having] privileges or being safe with no privileges and living in filth".
Plaintiff alleges that inmates in B-Block are continuously being denied cleaning supplies, that when cleaning supplies are brought they consist of a "dirty mop bucket with water and sometimes pine sol or very little bleach, a dirty never washed mop head, a broom, a filthy broken dust pan", and a spray bottle with a watered down cleaner in it. Plaintiff further complains that the brush provided for cleaning the toilet is "inappropriate" and does not allow inmates to "get under the rim".
Plaintiff alleges that when he was assigned to his cell there was dried feces on the wall and under the bunk, which another inmate told him was due to an inmate who had been in that cell who had a leaky colostomy bag that had leaked all over the place. Plaintiff alleges that although he complained to Officers Morales, Talley, Harvey, Nowaczcki (all Defendants) and others he was not provided with "proper cleaning supplies or gloves to clean the feces". Plaintiff specifically alleges that when he asked Officer Hamilton (not a Defendant) about getting some cleaning supplies on December 1, 2015, that she replied that he would be getting his cleaning supplies in the morning. Plaintiff complains that he was told this by Hamilton even though he had been "asking for a day". Plaintiff also alleges that he spoke to the Defendant Captain Nix on December 2, 2015 about the "filthy conditions in B-Block", and that Nix was "very adamant" about not being able to do anything because the Defendant Pickens County Council would not provide needed funds to purchase adequate cleaning supplies, although he did tell Plaintiff that he would look into getting Plaintiff a shower brush and "proper supplies" to allow Plaintiff to clean his cell. Even so, Plaintiff complains that it "never happened".
Plaintiff alleges that on December 18, 2015 he was "let out to clean" after he had not been given supplies and B-Block had not been cleaned "for a week". Plaintiff alleges that he had complained to two officers (neither of whom are named Defendants) that his constitutional rights were being violated because his cell conditions were "disgustingly filthy", to which one of the officers ("Jessica") responded that County Council "won't give funds to clean up the jail". Even so, "Jessica" provided him with a "small amount of bleach". Plaintiff then goes on to complain about how another inmate was treated on December 27, 2015.7
Plaintiff alleges that on December 31, 2015 "water flooded in hall" due to a toilet and sink in B-Block not working. Plaintiff complains that sinks and toilets in B-Block would break or malfunction and not be fixed "for days", and that on occasion Plaintiff had to be "let out to use the common area bathroom because his toilet don't work". Plaintiff also alleges that on January 11, 2016 he was "taken outside for REC" for the first time in five weeks and for only one hour. Plaintiff alleges that the next time he was taken out for REC was on January 29, 2016, and then again two weeks after that. Plaintiff then goes on to continue to complain about a general lack of cleaning supplies, as well as about a sink backing up in a neighboring cell that was not fixed for four days.
Plaintiff complains that on January 27, 2016 the hall light filled with water during a rain storm from the roof leaking. Plaintiff complains that when the light was removed for repair, "live wires" were left hanging from the ceiling for "several days". Plaintiff then complains that his toilet either broke or stopped working on several occasions during January and February 2016, again causing him to have to use the common area bathroom during those occasions. Plaintiff alleges that on February 16, 2016 he tried to talk to the Defendant Lt. Leopard about "several issues", but that Leopard responded in an "extremely condescending tone and attitude". Plaintiff further alleges that he complained to Leopard about being "repeatedly denied" from being able to file a grievance on various issues he raises in this Complaint, but that Leopard told him the jail was not obligated to "provide any kind of notary or legal copy service or postage . . . .". Plaintiff further alleges that he had made requests to the Defendant Tomberlin and another officer (Underwood) for "copies of legal work needed to submit to the court", but was told that requests for notary service and legal copies had to go through Leopard. However, Plaintiff alleges that his requests to Leopard were "ignored for weeks".
Plaintiff further complains that the Detention Center has a policy of never giving out receipts for any transactions such as deposits or withdrawals from prisoner accounts, leaving inmates with no idea of the status of their account. Plaintiff alleges that when inmates complained about this situation, including to Lt. Leopard, nothing was done. Plaintiff also complains that B-Block does not have adequate fire safety - that there are no smoke alarms or sprinklers in the cells or halls, and no exhaust fans "anywhere in the jail". Plaintiff also complains that there are no fire evacuation plans posted anywhere. Further, the ventilation system is allegedly substandard, which Plaintiff claims causes a serious problem with dust and airborne mold spores that inmates are forced to breathe, especially in B-Block. Plaintiff also complains that the vents are "filthy [and] in need of cleaning" as well as that there are no exhaust fans in the...
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