Wright v. Lassiter, 1:18-cv-90-FDW
| Decision Date | 13 August 2018 |
| Docket Number | 1:18-cv-90-FDW |
| Parties | KAYIE SHAUNE WRIGHT, Plaintiff, v. KENNETH E. LASSITER, et al., Defendants. |
| Court | U.S. District Court — Western District of North Carolina |
THIS MATTER is before the Court on initial review of pro se Plaintiff's Complaint, (Doc. No. 1). Plaintiff has filed a Motion to Appoint Counsel, (Doc. No. 3), and a "Motion for Permanent Restraining Order, and Preventive Relief," (Doc. No. 8). Plaintiff is proceeding in forma pauperis. (Doc. No. 6).
Pro se Plaintiff filed a civil rights suit pursuant to 42 U.S.C. § 1983 while incarcerated at the Alexander Correctional Institution with regards to incidents that allegedly occurred at the Lanesboro and Marion C.I.s as well as Central Prison.1 He names as Defendants: Director of Prisons Kenneth Lassiter, Regional Director of Western Prisons David Mitchell, Marion C.I. Superintendent Hubert Corpening, the State of North Carolina, DHO Robert T. Barker, Captain Alena Carson, SRG Officer Adam J. Hergenrother, Sergeant Alley Hollingworth, D-Unit Sergeant Teresa Puett, and Dr. High.
Liberally construing the Complaint and accepting the allegations as true, Plaintiffsubmitted a grievance on May 12, 2015, against Sergeant Clawson at Lanesboro C.I. about Clawson's actions. Shortly after that, Plaintiff started having more infractions which led to him submitting more grievances.
On September 18, 2015, Plaintiff submitted a grievance due to Zimmerman's language towards him and "purposely missing property." (Doc. No. 1 at 18).
On April 17, 2016, Plaintiff was handcuffed by Clawson in the kitchen where Plaintiffs work station was located, and he was escorted to the restrictive housing cage. Plaintiff was told to exit the cage after officers removed other inmates to the cell blocks. Plaintiff was told to walk in a different direction. Officer Honbarrier grabbed Plaintiff and pushed his face against a glass window and forced Plaintiff to the floor "while Plaintiff was no harm due to the restraints on Plaintiff." (Doc. No. 1 at 18). Officers Sniper, Holder, McClendon, Williamson, Wall, Hudson, Lambert and others carried Plaintiff outside and threw him into a cage. Plaintiff asked for medical assistance, and he was humiliated because other offenders were walking by. Plaintiff informed Captain Aaron about these acts of retaliation and excessive force, and said he wanted to make a statement. A short time later, Plaintiff was escorted in a wheelchair to be seen by Nurse Stewart and he informed her of pain and about the altercation. She refused to assist Plaintiff and insisted that he submit a sick call if the pain continued. Plaintiff was placed into a holding cage and attempted to get the attention of nurses and other officers.
Plaintiff was being escorted to the cell block and force was used "due to an refusal to enter an unsanitary cell" so officers Sniper, Holder, McClendon, Williamson, Wall, Hudson, Lambert and others dragged Plaintiff into the cell after slamming his head against the rail while on the ground. (Doc. No. 1 at 19). Sergeant Hudson forcefully grabbed Plaintiff by the leg shackles and dragged Plaintiff inside the cell, kicked his stomach, and walked out. Inmate Jonnie Allenwitnessed this and wrote a statement on Plaintiff's behalf. On May 3, 2016, Plaintiff filed a grievance regarding the use of excessive force. Sergeant Zimmerman served Plaintiff an infraction, and Plaintiff wrote a statement about how it was retaliation and Zimmerman put the wrong cell number and purposefully changed the report. Plaintiff was found guilty of the disciplinary infraction by William Alfred "without proper due process." (Doc. No. 1 at 19).
Plaintiff received multiple infractions while he was in segregation after submitting grievances.
Plaintiff was assaulted by another inmate on June 29, 2016, while coming from recreation on segregation. Plaintiff refused medical treatment until the shift change, then saw Nurse Boss. (Doc. No. 1 at 20).
Plaintiff wrote a grievance against "case worker inadequate assistance" and, in retaliation, Case Worker Smith had him transferred to Marion C.I. on December 13, 2016. (Doc. No. 1 at 20). At Marion C.I., Plaintiff was exposed to "harassment, threats, missing property, excessive force, mail tampering, denial of visitation, and etc." (Doc. No. 1 at 20).
Plaintiff was refused his sneakers and they were placed into storage and documented by Officer Lee on April 17, 2016. Plaintiff attempted to notify the unit manager of D-Unit with a grievance about his shoes but it was denied.
On March 10, 2017, Sergeant Puett took personal property from Plaintiff while he was at court including hygiene items, religious items, and legal materials. She stored the items and documented them on a property list. Officer Brown came to give the property back "but only radio with broken headphones and the rest was all missing, Plaintiff refuse to sign." (Doc. No. 1 at 20). Plaintiff attempted to place multiple grievances but he did not receive any copy of acceptance.
On April 5, 2017, Plaintiff held the trap to speak to Officer in Charge A. Carson due toPuett, J. Grant, Sergeant Jenkins, and others, who were harassing Plaintiff and placing infractions on him. During this attempt, Lieutenant Richards "construct the distraction team to mace Plaintiff cell before Plaintiff could submit to restraints." (Doc. No. 1 at 20-21). An officer who was not wearing a name tag shoved a stick into Plaintiff's privates causing lost breath and pain. Plaintiff then submitted to restraints "after gathered breath and attempt for water due to officers turning all water off minutes before." (Doc. No. 1 at 21). Plaintiff was placed in full restraints while exiting the cell. Officers purposefully bent Plaintiff's wrist. Plaintiff complaint but they continued purposefully. Officers then forcefully threw Plaintiff to the floor and shocked him with electronic shield by placing it on Plaintiff's head. Plaintiff refused to take a d-con shower. They placed him in the shower with full restraints with hands behind his back while Officer Kidd recorded it. There was no shower mat in the shower. Plaintiff did not receive adequate medical attention and Nurse Stewart told him that the use of the electric shield was not documented.
Plaintiff accumulated five infractions but never had the opportunity to write any statement or call witnesses. DHO Barker purposefully found Plaintiff guilty on all infractions "when was informed on such denial." (Doc. No. 1 at 21).
On June 5, 2017, Officer Hergenrother refused to appeal the decision on a religious item that was denied by SRG and mailroom staff Brookshire.
On June 7, 2017, Plaintiff was denied a food package box without any notification why it was denied.
On June 7, 2017, Plaintiff was assaulted and excessive force was used with the lack of medical assistance by Nurse Welch, Officers Guzman, Kizer, Lyons, Tilley, and other staff. They assaulted Plaintiff by pulling his hair and kicking him while he was on the ground, and maced him three times even after he was in restraints. (Doc. No. 1 at 22).
Plaintiff wrote numerous letters to Lassiter to appeal the infractions and inform him of Plaintiff's predicament due to mail tampering by SRG officers. The letters were refused to leave the facility which left him to inform his family members.
Plaintiff wrote a letter to family member and sealed it and gave it to an officer to place in in the mailbox. The next day Plaintiff received an infraction for gang activity "due to hand drawing an UCC form and letting family know of what and how staff are doing to plaintiff." (Doc. No. 1 at 22).
Plaintiff spoke to the Regional Director, Superintendents Mitchell and Corpeining on August 3, 2017, and informed them of the "retaliation and more." (Doc. No. 1 at 22). Plaintiff gave Mitchell a 4-page letter explaining how and what staff were doing. Before that, Plaintiff also talked to Captain Mimms at Lanesboro with E-unit managers Boysworth and Hamilton present.
On April 19, 2017, Plaintiff was transferred to Central Prison for a medical trip. He informed multiple staff that he is seeking safety and he is in great danger at the institution. Plaintiff claimed suicide to speak to a psychiatrist, but the psychiatrist refused to assist him, stating "you will not be staying here" and walked away after Marion C.I. staff member Franklin stated "he's only playing and used multible [sic] forces on me." (Doc. No. 1 at 22). While on the transfer van from Central Prison, "staff" continued to shock Plaintiff with the electronic box on Plaintiff's leg. (Doc. No. 1 at 23).
Plaintiff was denied visitation and phone calls since entering the facility and has had no family visits, only attorney visits. Plaintiff's lawyer was forced to walk through the institution on July 17, 2017, while other offenders have attorney visits in attorney rooms.
Nurse Williams denied Plaintiff any assistance on use of force that led to wrist bleeding on July 5, 2017. Sergeant Stiles took pictures.
(Doc. No. 1 at 23). On December 22, 2016, Plaintiff was on "S.I.P." and was removed from his cell while in suicide clothing then walked through the institution to Watkin's office. Riles and Lieutenant were present. Watkins repeated his statement and later that day, Plaintiff was forced to sign to be removed from his religious diet. (Doc. No. 1 at 23).
On June 8, 9, and 10, 2017, Plaintiff was forced to do recreation in full restraints out of retaliation and to humiliate him. Plaintiff was force to take a shower in full restraints on June 10, 2017, and slipped, causing immediate medical attention ...
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