Tillman v. Huss
| Decision Date | 19 August 2013 |
| Docket Number | Case No. 1:13-cv-297 |
| Parties | TRAVIS TILLMAN, Plaintiff, v. ERICA HUSS et al., Defendants. |
| Court | U.S. District Court — Western District of Michigan |
Honorable Janet T. Neff
This is a civil rights action brought by a state prisoner pursuant to 42 U.S.C. § 1983. The Court has granted Plaintiff leave to proceed in forma pauperis. Under the Prison Litigation Reform Act, PUB. L. NO. 104-134, 110 STAT. 1321 (1996), the Court is required to dismiss any prisoner action brought under federal law if the complaint is frivolous, malicious, fails to state a claim upon which relief can be granted, or seeks monetary relief from a defendant immune from such relief. 28 U.S.C. §§ 1915(e)(2), 1915A; 42 U.S.C. § 1997e(c). The Court must read Plaintiff's pro se complaint indulgently, see Haines v. Kerner, 404 U.S. 519, 520 (1972), and accept Plaintiff's allegations as true, unless they are clearly irrational or wholly incredible. Denton v. Hernandez, 504 U.S. 25, 33 (1992). Applying these standards, the Court will dismiss Plaintiff's complaint for failure to state a claim against Defendants Apol, Barber, Dozeman, Edwards, Fair, Gawne, Gehoski, Gilkey, Hengesbach, Heyns, Huss, King, Norwood, Prelesnik, Richardson, Smith, Stoddard, Todd, and Unknown Part(y)(ies) ##4-9. The Court will allow service of the complaint on the remaining Defendants.
Also before the Court are several motions filed by Plaintiff: a motion to appoint counsel (docket #7) and a motion for a restraining order (docket #8). In addition, inmate Michael Gresham moves to intervene as a plaintiff in this action (docket #10) and moves for class certification, a preliminary injunction, a temporary restraining order, and appointment of counsel (docket #12). The foregoing motions will be denied.
Plaintiff Travis Tillman1 is a state prisoner incarcerated by the Michigan Department of Corrections (MDOC) at the Marquette Branch Prison (MBP), where he is serving a non-paroleable life sentence for felony murder,2 though the events giving rise to this action occurred while he was housed at the Ionia Correctional Facility (ICF). He sues MDOC Director Daniel Heyns and the following employees at ICF: Warden John Prelesnik; Acting Warden Cathy Stoddard; Deputy Wardens Erica Huss and Nanette Norwood; Librarian Joseph Novak; Sergeants Christopher King and "Unknown" Goodstrey; Lieutenant "Unknown" Edwards; Resident Unit Officers (RUOs) J. Fair, "Unknown" Jameson, "Unknown" Rutgers, and "Unknown" Richardson; Corrections Officers "Unknown" Corbit, "Unknown" Martin, "Unknown" Teft, and "Unknown" Hengesbach; MSW "Unknown" Apol; Registered Nurses (RNs) Betty Kemp, Rebecca Delano, and Angela Todd; Unit Chief Charles Gawne; Resident Unit Managers (RUMs) Bo Gilkey and "Unknown" Payne; Assistant Resident Unit Supervisors (ARUSes) V. Gehoski and Mellisa Barber;Psychologist Kirt Dozeman; Hearing Investigator P. Smith; Acting Lieutenant/Hearing Officer "Unknown" Gleason; "Unknown Shift Commanders from (2/8/12 until 2/10/12)," whom the Court will refer to as Unknown Part(y)(ies) #1; two parties identified as "Unknown ERTs" (hereinafter, Unknown Party #2 and Unknown Party #3, respectively); and "Unknown Internal Affairs Person[nel] (ICF)" (hereinafter, Unknown Part(y)(ies) #4). (Compl., docket #1, Page ID##17-19.) He also sues the following individuals at the Duane L. Waters Hospital (DWH):3 "Unknown Female Psychiatrist" (Unknown Party #5); "Unknown Female Psychologist" (Unknown Party #6); "Unknown Internal Affairs Person[nel] (DWH)" (Unknown Part(y)(ies) #8). (Id., Page ID#18.) Finally, he sues an unidentified state police officer in Lansing, Michigan (Unknown Party #7), and "Unknown Person[nel]" at the United States Department of Justice (Unknown Part(y)(ies) #9). (Id.)
According to the complaint, on the morning of February 2, 2012, Plaintiff was interviewed by the security classification committee at ICF. At the interview, he informed Deputy Warden Huss and ARUS Barber that he had written several prisoner grievances against staff in unit 1 at ICF, but he had not been interviewed by any supervisors, he had not received timely responses to his grievances, and his appeals from the grievances responses were not being processed. Huss asked Barber why Plaintiff was not being interviewed. Barber stated that she was not aware of the issue and that she would make sure that she responded to any grievances that she received. Plaintiff informed Huss that Barber was, in fact, the subject of one of those grievances, because she had given one of Plaintiff's other grievances to Sgt. King.4 Plaintiff asked Huss to preventDefendants King, Fair, Rutgers, Martin and Teft to stop their "repeated harassment" and attempts to retaliate against Plaintiff for filing grievances. (Compl., Page ID#4.) Huss promised to look into it. Plaintiff also informed RUM Payne about threats of physical harm by his staff, and the fact that he and ARUS Barber had failed to "review" Plaintiff regarding his grievances; however, Defendant Payne allegedly failed to protect Plaintiff from further harm. (Id., Page ID#11.)
At around 2:30 p.m. that afternoon, prison staff started running showers for inmates in A-wing of unit 1, until ARUS Barber ordered Sgt. King to call all unit 1 staff to B-wing. When staff returned from B-wing to restart the showers, Plaintiff saw Defendants Fair, Martin, and Teft staring at his cell. Martin then came to Plaintiff's cell, escorted him to the shower area, and put him in a cold shower. Plaintiff complained to Martin that the water was cold, but Martin told Plaintiff that "he was not a plumber, so deal with it." (Id.) When Plaintiff was finished, Teft took Plaintiff to escort him back to his cell. When Plaintiff was within two feet of his cell, Defendant Rutgers started closing the cell door from the control panel. Plaintiff stopped walking toward his cell to avoid being "smashed" in the door. (Id.) Teft then shoved Plaintiff from behind, causing Plaintiff to hit his head on the side of the door. After the door closed, Teft told Plaintiff, "You['re] keeping those restraints [b]itch," referring to Plaintiff's shower restraints on his wrists and ankles. (Id.) Teft and Rutgers left Plaintiff in his restraints until the following morning, when he was released by Defendant Edwards. Plaintiff asserts that Edwards became aware of the conduct by Defendants Rutgers and Teft when he released Plaintiff from his restraints, but he failed to prevent further "abuse" and "harass[ment]" by "his" staff. (Id., Page ID#11.)
Plaintiff developed a lump on his head as a result of running into the door, but Edwards did not attempt to obtain medical treatment for Plaintiff. Plaintiff submitted a request for medical attention and Nurse Todd informed him that he had been placed on a list for an examination. Plaintiff never received an examination, however.
Plaintiff sent complaints to ICF internal affairs, Warden Prelesnik, and the United States Department of Justice, requesting an investigation into the alleged assault by Officer Teft, but Plaintiff received no response. Plaintiff also complained to "Psych" Apol, but Apol told him that there was nothing he could do to help, because Plaintiff was complaining about "custody issues." (Id.)
On February 8, 2012, Defendant Rutgers entered Plaintiff's unit and told other prisoners that Plaintiff was a "rat (snitch)," that Plaintiff's family was "calling up to the prison making complaints," and that Plaintiff was writing "snitch kites (grievances) about staff." (Id., Page ID#6.) Rutgers stated that Plaintiff had "seen nothing yet just wait and see." (Id.) In response to Rutgers's comments, Plaintiff filled a bottle with urine and threw it in Rutgers's face. Sometime thereafter, Defendant Goodstrey came to Plaintiff's cell and stated, "[W]hy you kicking on the door (bitch)[, you're] going in restraints." (Id.) Goodstrey put Plaintiff in restraints in a "hogtied" position. (Id.) Goodstrey and Teft then mocked Plaintiff by telling him to come to the door to be released from his restraints, even though the restraints prevented Plaintiff from doing so. Later, they charged Plaintiff with a misconduct, claiming that he refused to come out of his restraints. (Id.)
Defendants Goodstrey and Teft left Plaintiff in his cell, in restraints, until February 10, 2012, thereby depriving him of water, showers, food, and the use of a toilet during that time. Plaintiff pleaded with the shift commanders who were on duty, Unknown Part(y)(ies) #1, to givehim water to drink and to let him out of restraints so that he could relieve himself, but they refused.
At around 9:00 a.m on February 10, Nurse Kemp came to Plaintiff's door and called out his name. When he did not respond, she brought RUO Jameson, Officer Corbit, and other officers to Plaintiff's cell. Jameson told Kemp that Plaintiff was "breathing," and then they left. (Id.) Sometime after lunch that day, Kemp returned to Plaintiff's cell and attempted to get his attention. He did not respond, so she left.
Kemp returned at 12:30 p.m. with an "ERT Team," which "rushed" into Plaintiff's cell and "jumped on Plaintiff's back with a shield." (Id., Page ID#7.) Kemp checked Plaintiff's blood pressure and temperature and then she and the ERT Team left, leaving Plaintiff in his restraints.
Sometime after 2:30 p.m., Sgt. Goodstrey and the ERT Team again rushed into Plaintiff's cell and jumped on his back with a shield. (Id.) Goodstrey released the chain attaching Plaintiff's ankles to his wrist and told Plaintiff to stand up. Plaintiff could not comply, so he was "snatched" off his bed by a leash attached to his wrist and then dragged across the floor to his cell door. (Id.) Goodstrey and the ERT Team stepped out of Plaintiff's cell, closed the door, and ordered Plaintiff to stand on his feet so that they could remove his restraints. Plaintiff could not comply. He was...
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