United States District Court, W.D. Michigan, Northern Division
ALVIN D. FRAZIER, Plaintiff,
JEFFREY WOODS et al., Defendants.
T. NEFF UNITED STATES DISTRICT JUDGE.
a civil rights action brought by a state prisoner under 42
U.S.C. § 1983. Under the Prison Litigation Reform Act,
Pub. L. No. 104-134, 110 Stat. 1321 (1996) (PLRA), 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 Woods, Unknown Party #1, Unknown Party #2,
Derusha, Caraccio, Huss, Yunker, and Tallic. The Court will
serve the complaint against Defendants Butler, Isard,
MacArthur, Russo, McGeshik, Herbert, Dunton, Line, Grove,
Gallagher, McLeod, Olson, Marlette, and Pokley.
is presently incarcerated with the Michigan Department of
Corrections (MDOC) at the G. Robert Cotton Correctional
Facility (JCF) in Jackson, Jackson County, Michigan. The
events about which he complains, however, occurred at the
Chippewa Correctional Facility (URF) and the Kinross
Correctional Facility (KCF), which are both in Kincheloe,
Chippewa County, Michigan. Plaintiff's allegations also
concern events at the Marquette Branch Prison (MBP) in
Marquette, Marquette County, Michigan. Plaintiff sues URF
employees Warden Jeffrey Woods, Assistant Resident Unit
Supervisor Unknown Butler, Deputy Warden David Isard,
Corrections Officer Unknown MacArthur, Corrections Officer
Unknown Russo, Mental Health Service Worker Unknown McGeshik,
Social Worker Mark Herbert, Assistant Resident Unit
Supervisor K. Dunton, Unknown Party #1 Hearing Investigator
John Doe, Unknown Party #2 Assistant Resident Unit Supervisor
John Doe, Assistant Resident Unit Supervisor Unknown
Line, Corrections Officer Unknown Derusha,
Corrections Officer J. Grove, Sergeant D. Gallagher,
Corrections Officer Unknown Caraccio, and Resident Unit
Manager G. McLeod. Plaintiff also sues KCF employees Deputy
Warden Kathy Olson and Resident Unit Manager M. Marlette, as
well as MBP employees Warden Erica Huss, Librarian A. Yunker,
Screener C. Tallic, and Assistant Resident Unit
Supervisor/Screener Mark W. Pokley. Finally, Plaintiff sues
Hearing Officer Unknown O'Brien and Hearings
Administrator Richard D. Russell.
Plaintiff's amended complaint (ECF No. 7), he alleges
that he was transferred to URF on June 27, 2013. On October
1, 2013, Plaintiff notified Defendant Butler that he needed
protection from family and friends of his victim, who were
housed at the same facility. Plaintiff identified relatives
of his victim named “Bobby Unknown (AKA Black)”
and Dontee Laury. Defendant Butler merely advised Plaintiff
to stay away from those individuals. In mid-January of 2014,
Defendant Butler asked Plaintiff to move to the West Side of
URF, where Dontee Laury was housed. Plaintiff asked for
protection and begged not to be moved near Laury. Defendant
Butler ignored Plaintiff's pleas and had a female staff
member threaten Plaintiff with false misconduct tickets and
segregation. Plaintiff notes that the order to move him was
made when Defendant Butler was out of the office and could
not be confronted by Plaintiff.
he was moved to the West Side, Plaintiff informed Defendants
Gallagher and Line that Dontee Laury, who was the cousin of
Plaintiff's victim Kizzy Laury, was conspiring with other
prisoners to have Plaintiff killed. On September 30, 2014,
Plaintiff was transferred to KCF, which was across the street
from URF. Plaintiff states that KCF and URF frequently
exchanged prisoners. Plaintiff kited his mental health case
manager, asserting that he was still in danger, and he was
placed in segregation for his protection. Plaintiff told
Defendant Olson and other Security Classification Committee
(SCC) members that he had been shown a knife while on the
yard, and had been told that he was going to be stabbed.
Defendant Olson told Plaintiff to “take a stand”
because the prison would be closing soon.
days later, Defendants Olson and Marlette met with Plaintiff
and again told Plaintiff to “take a stand.”
Plaintiff was moved to the general population in spite of his
requests for protection. A few days later, Plaintiff was
assaulted by the same prisoners who had threatened him in the
yard. Plaintiff was taken to health care by a yard officer.
Plaintiff asked the officer to ensure that his property was
secured, but the officer failed to comply and Plaintiff's
hobby-craft items, television, picture frames, and ear buds
were stolen or lost. Health care staff placed Plaintiff in
segregation. Plaintiff refused to return to general
population and was placed on suicide watch.
December 3, 2014, Defendants Olson and Marlette told
Plaintiff that he was being transferred back to URF.
Plaintiff was transferred on December 8, 2014, and refused to
go to general population. Plaintiff received a misconduct for
disobeying a direct order and was placed in segregation.
Plaintiff states that he continued to receive tickets for
refusing to go to the general population, but that he
insisted on protection from his victim's family members.
On December 21, 2014, Defendant Caraccio retaliated against
Plaintiff for refusing to go to the general population by
writing a threatening behavior ticket, which claimed that
Plaintiff had yelled at him from behind a closed door during
rounds. After Plaintiff found out about the ticket, he
approached Defendant Caraccio and explained that he had been
in bed sleeping at the time of the ticket. Defendant Caraccio
apologized, but stated that he could not rescind the ticket
once it had been written. Defendant O'Brien found
Plaintiff guilty without the benefit of witness statements,
asserting that Plaintiff had not asked for witness
statements. Plaintiff received 10 days in detention.
Plaintiff requested a rehearing, stating that a request for
witnesses was clearly marked on the investigation report.
Plaintiff's rehearing request was denied by Defendant
Plaintiff was still in detention, he was taken before
Defendants Isard, Dunton, and McLeod, who asked Plaintiff to
return to general population. Plaintiff was afraid of being
assaulted and refused. Defendants Isard, Dunton, and McLeod
were angry and told Plaintiff that if he did not comply, they
would send him to a level five facility, which was an
increase of three levels. On April 29, 2015, Plaintiff was
transferred to MBP, where Defendant Pokley told him that he
had heard that Plaintiff was a “problem child”
who needed to be “dealt with locally.” Plaintiff
told Defendant Pokley of his prior requests for protection
because he feared being sent back to URF or KCF.
alleges that Defendant Yunker removed him from the legal
writer program in retaliation for requesting assistance with
judicial review requests on class I misconduct tickets.
Plaintiff states that while at MBP, Eric Mattson from the
Office of Legislative Corrections Ombudsman interviewed him
regarding his complaints of lost property and the denial of
legal writer services. Mr. Mattson concluded that
Plaintiff's claims that he was not provided with
protection were moot because he was no longer housed at URF
or KCF, but stated that he would continue to investigate
Plaintiff's stolen property claims. Mr. Mattson also told
Plaintiff that copies of his grievances were on file with his
office and available to Plaintiff if he needed access to
September 24, 2015, Defendant Pokley came to Plaintiff's
cell and confiscated his “Observation Aide” study
guides. Defendant Pokley told Plaintiff that he would like
where he was going and that he was being transferred back to
URF. Upon Plaintiff's arrival at URF, Plaintiff requested
protection. Defendants Isard, Dunton, and McLeod told
Plaintiff that he would miss his first outdate if he did not
go to general population, so Plaintiff complied.
was placed in level four housing amongst Security Threat
Group Members. When Plaintiff had a problem with his
cellmate, he attempted to get a new room assignment.
Plaintiff states that despite the fact that all involved
parties had signed consent forms, he was not moved, but that
white prisoners were moved upon request. Plaintiff refused to
room with “gang bangers, ” and was forced to
serve 10 days in detention.
January 23, 2016, Plaintiff was moved to level two housing on
the same floor as Dontee Laury. As soon as Plaintiff saw
Dontee Laury, he told Defendant Russo that he was in danger.
Defendant Russo told Plaintiff that he would be “all
right, ” and that he should roll up his shirt sleeves
because any moves had to be made by SCC members. Defendant
Russo told Plaintiff that they had just installed new cameras
and could see “through the eye of a needle.”
Plaintiff went to the yard and was stabbed several times in
the back, neck, and shoulders. Following the stabbing,
Plaintiff sought the assistance of Defendant Grove, who was
standing a few feet away during the attack. ...