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Payton v. Unknown Golladay

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

July 8, 2019

CHARLES PAYTON, Plaintiff,
v.
UNKNOWN GOLLADAY 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 against Defendants Quinn, Stabile, LaPonsie, Nichols, Fountain, Mahar, Hall, and Munro under 28 U.S.C. §§ 1915(e)(2) and 1915A(b), and 42 U.S.C. § 1997e(c). The Court will also dismiss, for failure to state a claim, Plaintiff's claims that Defendants Golladay and Bender denied him immediate access to the restroom.

         Discussion

         I. Factual Allegations

         Plaintiff is presently incarcerated with the Michigan Department of Corrections (MDOC) at the Chippewa Correctional Facility (URF) in Kincheloe, Chippewa County, Michigan. The events about which he complains occurred at that facility. Plaintiff sues Corrections Officers Unknown Golladay, Unknown Bender, Unknown Pancheri, Unknown Bergeron, Unknown Quinn, Unknown Stabile, Unknown LaPonsie, Unknown Nichols, Unknown Fountain, Unknown Pawley, Unknown Wilcox, Unknown Mahar, Unknown Russo, Unknown Schimmelpenny, and Unknown Segmann. Plaintiff also names Sergeant Unknown Blemke and Corrections Officers Unknown Sprague, Unknown Stevenson, Unknown Hall, Unknown Munro, Unknown Koben, Unknown Portice, Unknown Portafield, Unknown Bosbous, Unknown Benoit, and Unknown Caldwell.

         Plaintiff alleges that on November 25, 2015, at 6:30 a.m., he asked Defendant Golladay if he could use the restroom. Plaintiff was on top lock sanctions at the time. Defendant Golladay refused to allow Plaintiff to use the restroom. At 7:00 a.m., Plaintiff asked one of Defendant Golladay's co-workers if he could use the restroom, but his request was denied. At 7:45 a.m., Plaintiff urinated on himself because he could no longer hold his bladder. Plaintiff filed a grievance regarding the matter.

         On December 17, 2015, Defendant Golladay stopped Plaintiff and ordered him to pull his shirt up. Plaintiff removed a bag of chips from his pocket, thinking that was the source of Defendant Golladay's concern. Plaintiff stated that he planned on eating them in the dayroom. Defendant Golladay again ordered Plaintiff to pull his shirt up. Defendant Gollady then said, “Oh um. What's wrong with your pants?” Plaintiff stated that his pants were pulled up to his waist. Defendant Golladay said, “It's not that. But it's bulging from behind and you're a&$ is hanging out through the pants.” Plaintiff was offended and told Defendant Golladay that he did not “swing that way” and did not appreciate Defendant Golladay's comments. Defendant Golladay looked at Plaintiff's I.D. card and replied that Plaintiff was the one who had filed a grievance on him. Defendant Golladay added that Plaintiff should get used to tickets. Plaintiff filed a grievance on Defendant Golladay.

         On January 2, 2016, at 4:51 p.m., Plaintiff asked Defendant Bender if he could use the restroom. Defendant Bender told Plaintiff to wait until the “top of the hour.” Plaintiff finally received permission to use the restroom at 5:40 p.m., after having to hold his bladder for thirty-nine minutes. Plaintiff filed a grievance on Defendant Bender.

         On January 14, 2016, at 2:35 a.m., Plaintiff asked Defendant Pancheri to sign and process his phone disbursement. Defendant Pancheri replied, “I'll sign it only if you sign off and stop filing grievances on my officers here.” Plaintiff filed a grievance on Defendant Pancheri.

         On January 26, 2016, Defendant Bender stopped Plaintiff and stated, “I hear you like to sit at the table with Parker (inmate #593090) and write grievances on me and my co-workers. Let's see if you can take the treatment [Sergeant] Pewley is going to give Parker (inmate #593090). Yeah, let's see if you like being in your cell for the rest of your stay here.” Plaintiff filed a grievance on Defendant Bender.

         On January 28, 2016, Plaintiff was called to the officer's desk. Defendant Bender told Plaintiff that he had been written a misconduct ticket the previous day. Plaintiff protested that he had done nothing wrong. Defendant Bender told Plaintiff that he was making good on his promise and that he was “the rule.” Defendant Bender also stated that he hoped Plaintiff liked to have his cell “tore up.” Plaintiff filed another grievance on Defendant Bender.

         On February 2, 2016, at 11:40 a.m., Defendant Stabile walked passed Plaintiff's cell approximately eight times during a two minute period, making eye contact with Plaintiff each time. At 11:45 a.m., Defendant Stabile stopped Plaintiff as he was entering the restroom and asked for his I.D. card. Plaintiff complied. Defendant Stabile stated, “You[‘re] the one Golladay told me about. You like to write grievances? Let's see if we can put a[n] end to that by the time I leave.” At 2:50 p.m., Defendant Stabile entered Plaintiff's cell and ransacked it, leaving Plaintiff's property scattered all over the floor. When Plaintiff asked why he had done it, Defendant Stabile said, “That's what happens when you challenge the authority around here. Maybe you'll get the message for those that oppose us. Now clean up, before it miraculously gets worse.” Plaintiff filed a grievance on Defendant Stabile.

         On February 2, 2016, at 7:00 a.m., Plaintiff asked Defendant Golladay if he could use the restroom. Defendant Golladay refused. Plaintiff explained that he desperately needed to urinate and Defendant Golladay told him to “deal with it.” Plaintiff was not allowed to use the restroom until 7:30 a.m. Plaintiff filed a grievance on Defendant Golladay.

         On February 6, 2016, at 7:27 a.m., Plaintiff asked Defendant LaPonsie if he could use the restroom. Defendant LaPonsie told Plaintiff to wait until the top of the hour, but Plaintiff protested that he really had to go. Defendant LaPonsie again refused. Plaintiff was forced to wait until 8:01 a.m. to use the restroom. At 10:00 a.m. on the same date, Plaintiff asked Defendant Nichols if he could use the restroom. Defendant Nichols told Plaintiff to wait until the top of the hour. Plaintiff stated that he had not been out of his cell that day and needed to use the restroom. Plaintiff then asked Defendant Fountain to use the restroom and was again told to wait until the top of the hour. Plaintiff told Defendant Fountain that Defendant Nichols had told him to wait until the next hour. Defendant Fountain continued to refuse Plaintiff's request. Plaintiff was forced to urinate in the garbage can in his cell, which caused tension and a threat of violence between Plaintiff and his cellmate. Plaintiff filed a grievance regarding the incident.

         On February 16, 2016, at 10:36 a.m., Plaintiff gave Defendant Pancheri a disbursement authorization form and two copies of Plaintiff's petition for writ of habeas corpus, to be mailed to the United States Court of Appeals. On June 3, 2016, Plaintiff wrote to the court asking about the status of his habeas corpus petition. On June 16, 2016, the court notified Plaintiff that it had never received his petition. Plaintiff filed a grievance on Defendant Pancheri and URF Mailroom personnel, asserting retaliation and denial of access to the courts.

         On February 21, 2016, Defendants Wilcox and Pawley searched Plaintiff and took his store items. Defendant Pawley also took legal papers and notes from a P.R.E.A complaint that Plaintiff had written on Defendant Golladay. Defendant Pawley told Plaintiff that he would see about putting an end to his legal filings. Plaintiff asked Defendant Pawley to return his legal papers, but Defendant Pawley refused.

         Defendant Pawley subsequently showed Defendant Golladay the complaint that Plaintiff had written on him while Plaintiff watched from the dayroom. Defendant Pawley then gave Plaintiff his complaint back and Defendant Golladay stated that he was tired of “this f#$king coon.” Defendant Pawley stated that Defendant Golladay knew what to do. Defendant Wilcox then entered the unit and gave Plaintiff a contraband report and a misconduct ticket. Defendant Golladay told Plaintiff to come to the officer desk for a ticket review, but Plaintiff replied that he was waiving his right to a review. Defendants Golladay and Pawley “pulled their security pins, ” calling for other officers and locking down the unit. Plaintiff and other prisoners were locked inside the dayroom. Plaintiff was taken to the segregation unit and strip searched. Defendant ...


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