United States District Court, W.D. Michigan, Southern Division
LAWRENCE PRICE #166173 and DAVID K. LAMB #188625, Plaintiffs,
THOMAS MACKIE et al., Defendants.
Honorable Paul L. Maloney, Judge
a civil rights action brought by two state prisoners 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 Plaintiffs' pro se
complaint indulgently, see Haines v. Kerner, 404
U.S. 519, 520 (1972), and accept Plaintiffs' 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
Plaintiffs' complaint on grounds of immunity and for
failure to state a claim.
are presently incarcerated with the Michigan Department of
Corrections (MDOC) at the Muskegon Correctional Facility
(MCF) in Muskegon, Muskegon County, Michigan. The events
about which they complain, however, occurred at the Oaks
Correctional Facility (ECF) in Manistee, Michigan. Plaintiffs
sue ECF Warden Thomas Mackie; ECF Lieutenant Unknown
O'Brian; ECF Sergeant Unknown Baker; ECF Corrections
Officers Unknown Benson, Unknown Lee, William Cross, Unknown
Daron, and Unknown Gaudia; and the MDOC.
the events of which Plaintiff Price and Plaintiff Lamb
complain occurred at different times and involved different
Defendants, Plaintiffs have joined them together in this
complaint because, Plaintiffs contend, their claims reflect
the same pattern of misconduct.
March 13, 2016, Plaintiff Price sent Warden Mackie a letter
informing him that Mackie's ECF Corrections Officers had
developed an unwritten policy and practice of “treating
up” cells; placing inmates in segregation who did not
eat fast enough in the chow hall, voiced complaints, or wrote
grievances; and taking or destroying the property of persons
placed in segregation. Despite his complaint, at 9:00 a.m.
that very morning, Defendant Mackie's officers placed
eight inmates, including Plaintiff Lamb, in segregation
without a misconduct report, notice, or hearing. Then,
Defendant Mackie's officers took all the store items of
the inmates they had placed in segregation.
5, 2016, Plaintiff Price's identification card was taken
by Defendant Benson. When Plaintiff Price attempted to obtain
a new identification card, he was told he would have to turn
in the old card. Plaintiff Price informed Defendant Benson
that he needed the old card. Defendant Benson fished it out
of the trash. Plaintiff Price refused to take it because it
had been in the trash. Defendant Benson ordered Plaintiff
Price to take it. Plaintiff Price refused. Defendant Benson
referred to Plaintiff Price using a racial slur. Defendant
Benson's partner, Defendant Lee, handcuffed Plaintiff
Price and threatened to knock Plaintiff Price down. Defendant
Benson threatened to use her taser on Plaintiff Price.
Plaintiff Price was taken to segregations, placed in a locked
shower cage, and strip searched.
Price claims that the actions of Benson and Lee were intended
to humiliate, degrade, and cause mental and emotional
distress. Plaintiff Price claims that the actions of Benson
and Lee violated MDOC policy. Plaintiff claims Defendants
Benson and Lee placed Plaintiff Price in segregation in
retaliation for exercising his First Amendment right to voice
Benson and Lee packed up Plaintiff Price's property. All
of Plaintiff Price's store items were missing from his
being released from segregation, Plaintiff Price wrote
Defendant Mackie another complaint regarding Defendant
Mackie's officers and their practice of taking property
in violation of MDOC policy.
March 14, 2016, at 9:00 a.m., Defendants Cross, Gaudia,
and Daron handcuffed Plaintiff Lamb while he was in his cell
and then took him to segregation. He was released a half-hour
later. When he returned to his unit, Defendants Gaudia and
Daron handcuffed Plaintiff Lamb again and returned him to
segregation. Both times, Plaintiff Lamb was strip-searched.
Plaintiff Lamb was placed in segregation, he was interrogated
by Defendants Baker and O'Brian. They informed Plaintiff
Lamb that Defendant Cross had “identified”
Plaintiff Lamb, presumably as a wrongdoer of some sort. The
incident did not result in a misconduct report, a notice of
intent, or any administrative hearing.
Plaintiff Lamb was in segregation, Defendant Cross and Daron
packed up his property. All of Plaintiff Lamb's store
items, his headphones, and his legal footlocker tray went
missing. Plaintiff Lamb contends that Defendants Cross and
Daron failed to comply with rules and policies when they
packed up his belongings.
Lamb alleges that Defendants Cross and Daron damaged
Plaintiff's legal foot locker. As a result, when
Plaintiff Lamb was transferred to MCF, all of his legal
materials were lost. Plaintiff Lamb claims he has no clue
what materials were filed in his pending criminal and civil
claim that the individual Defendants' failures to adhere
to policy directives, operating procedures, and
administrative rules amount to nonfeasance, malfeasance, and
gross negligence. Plaintiffs claim also that Defendant
Mackie's failure to act, train his employees, and
discipline them amounts to nonfeasance, malfeasance, and
gross negligence. Plaintiffs allege that Defendants'
conduct violates the constitutional guarantees of due process
and equal protection. Plaintiffs also argue that
Defendants' gross negligence is equivalent to deliberate
indifference and, thus, violates Plaintiffs' Eighth
Amendment rights. Plaintiff Price's claim that the
Defendants acted in retaliation for Plaintiff's
complaints to the warden implicates protections under the
First Amendment. Plaintiff Lamb's claim that
Defendants' destruction of his legal footlocker or taking
of his legal papers has ...