United States District Court, W.D. Michigan, Southern Division
WILLIE J. HARRIS, Plaintiff,
UNKNOWN STEVENSON et al., Defendants.
J. QUIST 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 Defendant Unknown Parties.
is presently incarcerated with the Michigan Department of
Corrections (MDOC) at the Ionia Correctional Facility (ICF)
in Ionia, Ionia County, Michigan. The events about which he
complains, however, occurred at the Carson City Correctional
Facility (DRF) in Carson City, Montcalm County, Michigan.
Plaintiff sues the following DRF officials: Prisoner
Counselor (unknown) Stevenson; Resident Unit Manager
(unknown) Anderson; Correctional Officers (unknown) Crater
and (unknown) Copeland; Lieutenant (unknown) Walter; and the
unknown Warden and Deputy Wardens (Unknown Parties).
alleges that, on December 3, 2018, he sent a kite to
Defendant Stevenson, asking to be moved, because his cellmate
had been fighting with him and had attacked him from behind,
resulting in scars to Plaintiff's back. On December 7,
Plaintiff raised the issue with his mental health case
worker, who spoke with Defendant Stevenson. On December 10,
2018, Defendant Stevenson called Plaintiff to his office to
discuss the attack. Plaintiff asked to be placed in another
cell because he was afraid for his life. Stevenson, however,
told Plaintiff to fight back and his cellmate would leave him
fought back, but it only made things worse. Plaintiff sent a
kite to the unknown warden and deputy warden, asking to be
moved because of the fighting. No. action was taken in
response to the kite. Plaintiff alleges that he continued to
suffer assaults by his cellmate until December 14, 2018, when
he again saw his mental health case worker and complained
again about the situation. When he returned from his mental
health appointment, Plaintiff was called to see Defendant
Stevenson. Stevenson reported that he had talked to
Plaintiff's cellmate, who acknowledged the fighting, but
refused to move out of the cell, because he was there first.
Plaintiff showed Stevenson his new scars from the assaults.
Stevenson told Plaintiff, “RUM Anderson and me think
that you just need to man up and stop being a pussy and do
your time, I'm not going to move you anywhere.”
(Compl., ECF No. 1, PageID.4.) Plaintiff began to argue with
Defendant Stevenson, eventually saying that Stevenson was
biased and unfair, just like President Trump and Judge
Maloney. Stevenson became very angry and called out that
Plaintiff be taken to segregation.
segregation, Plaintiff asked what he was being charged with.
The sergeant responded that the charge obviously was
“threatening behavior.” (Id.) Plaintiff
was asked to strip, but he refused, although he turned over a
5-inch knife that he had been keeping for self-protection.
Plaintiff was then placed in an unheated cell for three days.
Defendants Crater, Copeland, and Anderson repeatedly denied
his requests to be moved to a heated cell, saying that
Plaintiff should remember his treatment the next time he
threatened Defendant Stevenson.
response to the harsh conditions, Plaintiff unsuccessfully
attempted suicide by hanging himself from the ceiling
ventilation system. Plaintiff felt despair and depression
because, despite following instructions to report improper
conditions, he was being deliberately ignored or treated
met with the Security Classification Committee (SCC) on
December 19, 2018. He asked Defendants Anderson and the
unknown warden and deputy wardens (Unknown Parties) why his
cry for help had been ignored. Defendant Unknown Parties told
him that he was not a priority and that perhaps he would have
better luck in his Level-V placement, where the SCC was
than sending him to Level V, however, Plaintiff was placed in
observation for several days, because of his suicide attempt.
Once there, Defendants Walter, Crater, Anderson, and Copeland
took away Plaintiff's suicide blanket, as punishment for
attempting suicide. Plaintiff became so cold that he wrapped
himself in the mattress cover. When Sergeant Fidler saw
Plaintiff wrapped in the mattress cover, he asked Plaintiff
why he had done that. Plaintiff explained that Defendants
were retaliating against him. Fidler responded that
Defendants should not have taken the blanket, and he forced
Defendants to give the blanket back. Plaintiff, however,
remained in the cell, forced to sleep on the cold floor with
no mattress for three days. Plaintiff complains that
Defendants' actions violated policy, amounted to extreme
punishment, and were retaliatory.
Plaintiff alleges that Defendant Copeland is a homosexual.
Plaintiff therefore attempts to block the camera to keep
Copeland from viewing Plaintiff while he is using the toilet.
Defendant Copeland, however, orders Plaintiff to uncover the
seeks declaratory and injunctive relief, including being
moved from the unit. He also seeks compensatory and punitive