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Glenn v. Pol

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

July 17, 2017

LARON GLENN, Plaintiff,
v.
A. POL et al., Defendants.

          OPINION

          ROBERT J. JONKER, CHIEF UNITED STATES DISTRICT JUDGE

         This is a civil rights action brought by a state prisoner under 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 Wells, Rees, Blair, Nelson, Lansky, Muas, Smith, and Christiansen. The Court will serve the complaint against Defendants Pol, Mygrams, Bowerman, Mieres, Diane, and Thomas.

         Discussion

         I. Factual allegations

         Plaintiff Laron Glenn presently is incarcerated at the Marquette Branch Prison (MBP), though the actions about which he complains allegedly occurred at the Ionia Correctional Facility (ICF). He sues the following ICF[1] officials: Psychologists A. Pol and (Unknown) Mieres; Correctional Officers (unknown) Mygrams, (unknown) Bowerman, (unknown) Wells, (unknown) Rees, (unknown) Nelson, (unknown) Lansky, and (unknown) Muas; Assistant Resident Unit Supervisor (ARUS) Blair; Warden (unknown) Smith; Deputy Warden Christiansen; and Nurses (unknown) Thomas and Diane (unknown).

         Plaintiff wrote to Defendant Psychologist Mieres on March 11, 2016, describing his deep depression with auditory and visual hallucinations. Mieres did not come. Plaintiff alleges that Defendant Mieres wrote a major misconduct against Plaintiff for his sexual misconduct.[2] Thereafter, it appears that Plaintiff slashed his arm with a razor, causing a deep cut.[3] He passed the razor to his neighbor, but he told the officers that he had swallowed it, to prevent the guards from “shaking down the unit.” (Compl., ECF No. 1, PageID.9.) Plaintiff alleges that he bled so much that he got dizzy and passed out. Unidentified officers took Plaintiff to the shower room, where he was strip-searched and cavity-searched. Plaintiff complains that he was so depressed that he felt lifeless. He was taken to segregation and placed on suicide watch. However, he was given no medical treatment for his cut arm. Psychologist Gillium (not a Defendant) visited him, but he felt unable to talk because no one cared.

         Plaintiff fell asleep. While he was sleeping, Defendant Psychologist Pol visited Plaintiff's cell, but Plaintiff again did not want to talk. Plaintiff had continued to bleed, and he was caked with blood. Plaintiff went back to sleep, though he was cold and had only a suicide gown and suicide blanket to cover him.

         At about 2:20 p.m., after the change in shift, Plaintiff heard a knock at the door and heard someone say, “[H]oly sh*t.” (Id., PageID.10.) Defendant Bowerman then looked at Plaintiff for a long time, so Plaintiff ignored him and went back to sleep. Shortly thereafter, he heard his food slot rattle, after which he felt something wet on his legs and groin and realized that he was being maced. The spraying continued for a long time. Bowerman yelled to Plaintiff to stop cutting himself and continued to spray him. Plaintiff yelled, “I was not fu*king cutting you retarded bi*ch. I was fu*king sleep [sic] and you know it.” (Id.) At that point other unidentified officers arrived, ordered him to back up to the door, cuffed him, and took him to the shower room. Plaintiff was then ordered to shower. He contends that he was still bleeding. Plaintiff told Defendant Bowerman that he would have Bowerman assassinated by Plaintiff's brotherhood, a threat made to keep Bowerman from killing him.

         While Plaintiff was in the shower, Psychologist Gillium came to the shower. When Plaintiff told him that he did not want to live anymore, Gillium advised him that he needed to take his medications and stop denying that he was mentally ill. Plaintiff responded that he was not more mentally ill than Gillium.

         When Gillium left, Plaintiff was placed in belly chains and ankle shackles and taken to the nurse. The unidentified nurse was unable to close the wound with butterfly stitches. Plaintiff stated that he needed real stitches, but she stated that she was just concerned about stopping the flow of blood.

         After Plaintiff was treated, unidentified officers escorted him to his cell and hog-tied him, making the chains so tight that he could not walk. They then pushed him toward his bed, and he fell against the concrete and cut his head. Plaintiff cursed the officers and made threats to have them assassinated. Plaintiff refused to eat that day. Officers kept Plaintiff in the chains from 2:30 p.m. to 8:30 a.m. Plaintiff claims that he had major back and leg cramps and that the cuffs were so tight they cut into his arms, causing them to bleed. Neither nurses nor supervisory officers checked on him. When Plaintiff was removed from chains the next day, his back was so sore that all he could do was lie in bed. He was not given Advil to treat the pain for 74 days. He finally saw a health care provider about his back pain on June 7, 2016.

         Plaintiff refused his food for about a week. Plaintiff told the Prisoner Obervation Assistant (a prisoner) that the officers hated him and wanted to hurt him because he was a sex offender. Defendant Mygrams knocked on his door and said, “You remember me. . . . I'm the one psych A. Pol told to rush and gas you the other day so keep refusing to eat your food if you want to.” (Id., PageID.14.) Mygrams left the cell and announced to the unit, “This is whats going to happen to anyone who refuse to talk to your psych. We not playing with yall no more.” (Id. (verbatim).)

         Plaintiff was on suicide watch for 14 days. Plaintiff refused to speak to Defendant Psychologist Pol, because Pol was the one who made the police hurt him. Defendant Pol denied having the power to do that. During the 14 days of suicide watch, the nurses refused to give him a new wrap for his arm. All nurses, including Defendants Thomas and Diane, told him that they were only there to give him his medications. When Defendant Nurse Thomas came to the cell, Plaintiff took the wrap off his wound and showed her that the wound had not closed and was oozing green pus. Defendant Thomas flinched, but she refused to treat Plaintiff.

         Also during his suicide watch, Defendants Nelson, Blair, Bowerman, Wells, and Rees denied Plaintiff grievances on April 1, 10, and 21, 2016. Plaintiff kited the warden about issues on March 23, 27, and 20, 2016, but he received no response. Plaintiff also sent a kite to the grievance coordinator. Plaintiff alleges that multiple misconduct tickets were written against him and that he did not ...


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