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Kohn v. Myron

United States District Court, W.D. Michigan, Northern Division

January 7, 2015

FLOYD E. KOHN, Plaintiff,
v.
UNKNOWN MYRON, et al., Defendants.

OPINION

R. ALLAN EDGAR, District Judge.

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 Rutter, Bauman, Culbertson, Hunt, Ruhl, Rapelje, Childs and Rose. The Court will serve the complaint against Defendants Myron, Lindenmuth, Juranik, Lancor, and Piazza.

Discussion

I. Factual allegations

Plaintiff Floyd E. Kohn, a state prisoner currently incarcerated at the Alger Correctional Facility (LMF), filed this pro se civil rights action pursuant to 42 U.S.C. § 1983 against LMF Defendants Sergeant Unknown Myron, Resident Unit Manager Unknown Lindenmuth, Corrections Officer Unknown Juranik, Counselor Unknown Lancor, Inspector Unknown Rutter, Warden Catherine Bauman, and Psychologist Unknown Rose. Plaintiff also names Saginaw Correctional Facility Defendants Resident Unit Manager Unknown Culbertson, Corrections Officer Unknown Hunt, Corrections Officer Unknown Piazza, Corrections Officer Unknown Ruhl, Warden Unknown Rapelje, and Social Worker Angela Childs.

In his complaint, Plaintiff alleges that Defendant Lindenmuth, who works as a counselor, has singled him out because he is homosexual and has repeatedly harassed him. Plaintiff claims that Defendant Lindenmuth purchased a bra for him to wear using her own money and told him that if he did not wear it, he would be placed in segregation. Defendant Lindemuth also moved Plaintiff to a cell near the front of the unit, so that she and other officers can keep an eye on Plaintiff and harass him all day. Plaintiff claims that the rules are different for him than for other inmates because of his homosexuality and that Defendant Lindemuth has stated, "your [sic] homosexual and we have to watch your every move."

Plaintiff alleges that Defendant Myron called him a "fag" on numerous occasions in 2014, and that he has filed grievances on him. Defendant Myron told Plaintiff that he had given Plaintiff's former cell mate Carlos Simms a pack of cigarettes so that he would assault Plaintiff. Defendant Myron also repeatedly told Plaintiff that God hates fags and that Plaintiff and his cell mate would burn in Hell.

Plaintiff alleges that Defendant Juranik is the senior officer on Spruce Unit and states that in October of 2013, Defendant Juranik came into Plaintiff's shower, pointed at Plaintiff's naked body, and mouthed some words in a hushed tone. Plaintiff states that Defendant Juranik's pointing was sexual and "very creepy." Three days later, Defendant Juranik came into Plaintiff's cell and undid his pants. Plaintiff responded by gasping loudly, at which point Defendant Juranik left the cell.

Plaintiff states that he wrote to Defendant Bauman on numerous occasions, but that she refused to address the misconduct on the part of her staff. Plaintiff alleges that on May 14, 2014, he told Defendant Lancor that his bunkmate was threatening him and requested that either he or his bunkmate be moved. Plaintiff states that his bunkmate, Carlos Simms, was extremely violent and had previously placed a lock in a sock and beat his former cell mate nearly to death. Plaintiff told Defendant Lancor that Prisoner Simms had been slamming doors and telling Plaintiff that he was going to kill someone. Plaintiff asked to be placed in a cell with a prisoner who did not have a history of violence. Defendant Lancor responded by stating that since Plaintiff and Prisoner Simms were both homosexuals, they should be able to get along with each other. Plaintiff explained that not all homosexuals got along and asked why other inmates were allowed to choose their cell mates. Defendant Lancor responded that it was because he was a homosexual. Two days later, on May 16, 2014, Prisoner Simms attacked Plaintiff in the chow hall in front of officers in order to be moved to a different cell. Plaintiff did not fight back or protect himself, but was nonetheless placed in segregation.

Plaintiff alleges that Defendant Rose attempted to have Plaintiff seen by a psychiatrist because she thought Plaintiff had "Gender Identity Disorder." Plaintiff told Defendant Rose that he had already been seen by a psychiatrist at Jackson and was found to be without any disorder. Plaintiff states that he knows that he is a man and that people with Gender Identity Disorder believe that they are the opposite sex. Defendant Rose stated that Plaintiff should see a psychiatrist because he wears a bra, but Plaintiff reminded her that he was only doing so because Defendant Lindenmuth is making him wear one. Plaintiff stated that if Defendant Lindenmuth saw him without his bra, she would deny him his shower.

Plaintiff alleges that he wrote to Defendant Rutter regarding the discriminatory practice of prison officials against homosexuals, to no avail. Plaintiff claims that Defendant Piazza stalked him on the yard every time Plaintiff took his yard time. On one occasion in late December, Defendant Piazza stopped Plaintiff and gave him a pat down search during a continuous light snow fall. Defendant Piazza told Plaintiff to remove his hat and jacket and spread his legs. Plaintiff complied and Defendant Piazza threw the outerwear onto the concrete. Plaintiff states:

"[Defendant Piazza] then grabbed my chest area and put my nipples between his thumb and index on both hands and said in my left ear that he had been waiting to catch me alone for sometime; he keep rubbing my chest area. Then he said "you feel so good through this shirt, " then he pressed his midsection/penis are upon my back midsection/butt area. Then he said "I bet they arn't [sic] real breast, did you pay for em?" I said "can I go now, " he finished the pat down in a regular fashion. Then said "you don't have to be so closed up or stuck up I'm cool, " I packed up my clothing and walked back into the unit.

See docket #1, p. 15 of 17.

Plaintiff alleges that Defendant Culbertson made a file on Plaintiff specifying all the ways that Plaintiff could be discriminated against and sent it to every officer in the unit. Plaintiff states that Defendant Culbertson also refused to intervene to protect him from discrimination, and that she tried to force him to go to the doctor on three occasions because she thought he had GID [Gender Identity Disorder]. Plaintiff alleges that he reported staff misconduct to Defendant Rapelje numerous times, and that Defendant ...


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