United States District Court, W.D. Michigan, Northern Division
L. Maloney, United States District Judge
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 Giesen, Huss,
and McLean, Theut, and Falk. The Court will serve the
complaint against Defendants Ormsbee, Woods, Isard, Horton,
Baldino, and Goldberg.
Marvin Belser, a state prisoner currently incarcerated at the
Carson City Correctional Facility, filed this case on June 6,
2016. On August 4, 2016, the Court dismissed plaintiff's
claims against Defendants Woods, Horton, Isard, Goldberg,
Baldino, and McLean for failure to state a claim. However,
the Court ordered service on Defendants Canias, Laplunt,
Brown, Filion, and Hatfield with regard to plaintiff's
Eighth Amendment claims against them. See ECF Nos.
12 and 13. Following the order for service, Plaintiff filed
two motions to supplement his complaint to include new
claims. See ECF Nos. 5 and 18. On September 15,
2016, the Court denied plaintiff's motions. The Court
also instructed Plaintiff to file an amended complaint on the
proper form, including all the Defendants that Plaintiff
intended to sue and all the claims that he intended to raise.
See ECF No. 23. On September 29, 2016, Plaintiff
filed his amended complaint. See ECF No. 26.
amended complaint, Plaintiff names multiple individuals as
plaintiffs in addition to himself, including Precious Rene
Belser (Roby), Marvin Belser, Jr., Latrina Marie Belser,
Genesis Lashette Underwood, and Elijah LaMarvin Underwood.
Plaintiff also names all of the Defendants previously named
in this case, including those Defendants who were dismissed
by the Court on August 4, 2016. Finally, Plaintiff names
Sergeant Unknown Ormsbee, Hearing Officer Unknown Theut,
Assistant Resident Unit Supervisor K. Giesen, Deputy Warden
Erica Huss, and Dr. Derek Falk as new Defendants in this
plaintiff's original complaint, he set forth the
Plaintiff arrived to prison in his personal electric
wheelchair on July 28, 2006. PageID.10. A few weeks later,
Plaintiff was taken to the hospital for chest pain and
difficulty breathing. PageID.10. When Plaintiff returned to
the prison, the nurse told Plaintiff that another inmate who
had been discharged from prison mistakenly took
plaintiff's personal electric wheelchair. PageID.10. Some
of plaintiff's other property was missing too, such as a
cushion. PageID.10. These items were never returned.
In addition, Plaintiff has a Child Protective Services case
that is documented in the Michigan Department of Corrections
(MDOC) computer system, which includes his name and his
children's names. PageID.5. Plaintiff contends that he
did not consent to this case being available through the law
library or MDOC computer system. PageID.5. Plaintiff has
asked the law library supervisor (Defendant Goldberg) over
twenty times to take his case off of the MDOC computers, but
he has not done so. PageID.5. Plaintiff believes that having
his, as well as his children's, personal information on
the MDOC computers has placed himself and his children in
danger. PageID.5. For instance, Plaintiff indicated that he
was attacked by inmates, thrown from his wheelchair, hit in
the head from behind, harassed by prison staff, and denied
medical attention by Defendants Canias, Laplunt, Filion,
Hatfield, and Brown. PageiD.5.
Moreover, Defendants Canias, Laplunt, Filion, Hatfield, and
Brown would laugh at Plaintiff and tell him that he had
nothing wrong with him despite plaintiff's several kites
and requests for medical attention. PageID.5. Plaintiff
stated that he requires “nitrotapps, incontinate [sic]
garments, transfer board, shower chair, replacement velcro
shoes, air mattress, singal [sic] cell detail, P.T. on aide
to assist detail and to be transferred to a medically
assistant [sic] living facility because [he] cant [sic] stand
or walk, ” for example, but is not receiving them.
On March 1, 2014, while housed at Chippewa Correctional
Facility, Plaintiff was attacked by three inmates.
PageID.5-6. After this incident, when Plaintiff had returned
back to his cell, he was attacked again by three more
inmates. PageID.6. These attacks resulted in Plaintiff being
unable to stand, walk, move his left side, open his left eye,
or speak clearly, and he also had pain in his spine, neck,
and right foot. PageID.6. As a result of this incident,
Plaintiff requested that he be placed in protective custody.
From March 1, 2014, through March 20, 2016, Plaintiff was
told by doctors at Chippewa that he needed a wheelchair.
PageID.7. So, Plaintiff was provided a nonelectric wheelchair
and special details. PageID.7. However, Plaintiff states that
while at Chippewa Correctional Facility, plaintiff's
wheelchair, medical equipment, and medical details were taken
away from him. PageID.6. From March 29 through April 1, 2014,
Plaintiff was at the War Memorial hospital because he was
having chest pains and difficulty breathing. PageID.6.
Plaintiff stated that the physician at the hospital had made
arrangements for Plaintiff to be sent to a medically assisted
living facility, for which the Chippewa medical staff agreed
to make arrangements, but never did. PageID.6.
Plaintiff was discharged from the hospital on April 1, 2014.
PageID.6. Two officers came to the hospital to pick up
Plaintiff and transfer him back to the Chippewa facility.
PageID.6. While at the hospital, the two officers ordered
that Plaintiff stand and dress himself before they left.
PageID.6. Plaintiff told them that he could not do that
without help, but the officers refused to help Plaintiff.
PageID.6. Sergeant Ormsbee eventually told the two officers
to not worry about Plaintiff putting his clothes on, and to
put Plaintiff in full restraints. PageID.6. The officers then
helped Plaintiff off of the hospital bed and put him into a
wheelchair. PageID.7. The officers took Plaintiff outside to
the transport van, at which time Sergeant Ormsbee told
Plaintiff to get out of the wheelchair and enter the van, or
else he would be tased pursuant to orders from Defendant
Woods. PageID.7. Sergeant Ormsbee tased Plaintiff in the
chest twice, which caused Plaintiff to pass out. PageID.7.
When he woke up, Plaintiff was naked and being pulled out of
the transport van by two officers and placed in a wheelchair.
On May 6, 2014, Plaintiff was transferred to Baraga Maximum
Facility. PageID.7. There, he was forced to “crawl on
the floor and ground to move around” his cell and the
facility. PageID.7. On May 25, 2016, Plaintiff was
transferred back to the Chippewa Correctional Facility.
PageID.7. When he arrived back to Chippewa, he asked Officer
Smith to place him in protective custody, but she said that
Sergeant Ormsbee needed to approve this type of request.
PageID.7. Sergeant Ormsbee denied plaintiff's request to
be placed in protective custody. PageID.7. Instead, Plaintiff
was placed back in the same unit where he was attacked in
March of 2014. PageID.7. However, officers told Plaintiff
that Defendants Woods, Horton, and Isard stated that
Plaintiff should speak up if he is having problems there.
In addition, after his transfer back to the Chippewa
facility, Plaintiff requested a single cell due to his
wheelchair needs and incontinence issues. PageID.8. However,
plaintiff's request was denied. PageID.8. On May 5, 2016,
Plaintiff was assigned a “bunky.” PageID.8.
Plaintiff caught his bunky stealing plaintiff's personal
property; however, the bunky stated that he would physically
harm Plaintiff if Plaintiff told the staff about his
stealing. PageID.8. The bunky harassed Plaintiff and made fun
of his medical issues, too. PageID.8. Plaintiff fears for his
On May 6, 2016, Plaintiff requested that he be placed in
protective custody again. PageID.8. After this request,
Plaintiff was placed in segregation while his request was
pending. PageID.8. That same day, Plaintiff was interviewed
by the Security Classification Committee to determine whether
he should be placed in protective custody. PageID.8. The
committee concluded that Plaintiff should return to the cell
he was originally assigned to, and that if he did not return
there, he would be issued a Class I misconduct ticket for
disobeying a direct order. PageID.8. In response to this
order, Plaintiff told the hearing officer (Mr. Theut) that he
was in fear for his life, and that he could not defend
himself. PageID.8. Plaintiff was then issued a misconduct
ticket, for which he was later found guilty and sanctioned to
five days in segregation. PageID.8. Similarly, on May 21,