Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Mims v. Unknown Stephens

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

June 10, 2019

DOYLE MIMS, Plaintiff,
v.
UNKNOWN STEPHENS et al., Defendants.

          OPINION

          GORDON J. QUIST UNITED STATES DISTRICT JUDGE.

         This is 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.

         Discussion

         I. Factual allegations

         Plaintiff Doyle Mims is presently incarcerated with the Michigan Department of Corrections (MDOC) at the Marquette Branch Prison (MBP) in Marquette, Michigan. The events about which he complains occurred, in part, while he was at MBP and, in part, while he was being transported from one prison facility to another. Plaintiff sues the following MDOC employees: Custody Transport Officers (unknown) Stephens and (unknown) Perry; and MBP Grievance Coordinator G. Caron.

         Plaintiff alleges that on April 18, 2019, he was placed on the MDOC transportation bus at 7:30 in the morning. The bus traveled to several prisons to pick up inmates. While en route from the Bellamy Creek Correctional Facility (IBC) to the St. Louis Correctional Facility (SLF), the bus suddenly “rocked” and “shook very hard.” (Compl., ECF No. 1, PageID.3.) There were no seat belts on the bus, and Plaintiff was thrown around. His head hit the window and his back slammed against the hardcover seat.

         Defendant Stephens explained to the bus passengers that the bus had crashed. Plaintiff asked for “medical attention.” (Id.) Defendant Stephens allegedly responded that if Plaintiff and the other inmates “kept asking, ” Stephens would “drive the bus over the bridge and drown you fuckers.” (Id.) These comments made Plaintiff fear for his life, so he “resisted help needs[.]” (Id.)

         As the bus continued its journey, Plaintiff contends that he “blanked out” twice and had “sharp” pains in his head, neck and back. (Id.) When the bus arrived at SLF, at around 11:00 a.m., Plaintiff again asked for “medical attention.” (Id., PageID.4.) Defendant Perry allegedly told him, “No.” (Id.) Defendants Perry and Stephens took some time to take pictures of damage to the back of the bus, and then the bus and its passengers traveled to the Chippewa Correctional Facility (URF), where Plaintiff disembarked.

         Plaintiff stayed at URF for several days, where he again asked for “medical attention.” (Id.) Apparently, his requests were denied. After five days at URF, Plaintiff was taken to MBP.

         Plaintiff allegedly wrote a grievance on April 23, 2019, and gave it to an Assistant Residential Unit Supervisor (ARUS).[1] He received no reply to the grievance. Plaintiff was seen by medical staff on April 25 or 26.

         Plaintiff tried to file his grievance again on April 26, by giving it to a prisoner counselor, but he received no response. On April 29, he sent a kite to Grievance Coordinator Caron, asking why he had not received a response to his grievance. Plaintiff did not receive a response to this kite.

         Plaintiff then asked for a step II grievance appeal form in order to take his grievance to the next level of the grievance process. In response, he received a copy of his original grievance with a note stating that he needed to file it at URF.

         Plaintiff sent a kite asking Caron for a step III grievance form because Plaintiff could not file his grievance at URF, but Caron allegedly denied Plaintiff's request.

         Plaintiff contends that he continues to suffer from headaches and back pain stemming from the bus accident, but he is not being given “proper attention.” (Id., PageID.5.) He has not been able to see a doctor about these issues. He also claims that Defendant Caron is ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.