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Chomos v. Brown

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

October 1, 2019

MARK A. CHOMOS, Plaintiff,
v.
C. BROWN et al., Defendants.

          OPINION

          Paul L. Maloney, 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 McLean and Unknown Party.

         Discussion

         I. Factual Allegations

          Plaintiff is presently incarcerated with the Michigan Department of Corrections (MDOC) at the Carson City Correctional Facility (DRF) in Montcalm County, Michigan. The events about which he complains, however, occurred at the Chippewa Correctional Facility (URF) in Chippewa County, Michigan. Plaintiff sues the following MDOC employees at URF: Assistant Resident Unit Supervisor (ARUS) J. Clark; Corrections Officers C. Brown and Unknown Woodard; Grievance Coordinator M. McLean; and an unnamed chaplain (“Unknown Party”).

         A. Defendants Brown, Woodard, and Clark

          Plaintiff alleges that Defendants Brown, Woodard, and Clark harassed him on a number of occasions from June 2017 to November 2017. Specifically, in June 2017, Defendants Brown and Woodard repeatedly referred to Plaintiff as a “chomo” in front of other prisoners. Chomo is prison slang for child molester. Plaintiff contends that this label put him at risk of assault from other prisoners. Plaintiff filed grievances about these comments.

         On June 28, 2017, Defendant Brown stopped in front of Plaintiff's cell and opened his door. Brown stated that Plaintiff would be “off the yard soon” and told Plaintiff to “[q]uit flapping your gums and do what you're told.” (Compl., PageID.8.)

         On July 8, Plaintiff asked Defendant Woodard about a scheduled break from his loss-of-privileges sanction. Woodard told Plaintiff, “Chomo, you ain't got nothing coming.” (Id., PageID.9.)

         On July 9, Defendant Woodard issued a “Notice of Intent to Conduct an Administrative Hearing, ” alleging that Plaintiff violated his loss-of-privileges sanction by making six telephone calls. (Notice of Intent, ECF No. 1-1, PageID.86.) Defendant Clark conducted a hearing on the notice on July 10, less than 24 hours after Woodard issued it, and revoked Plaintiff's telephone privileges. That same day, Clark interviewed Plaintiff about some grievances Plaintiff had filed. Clark told Plaintiff that he was a “problem” and that “[a]s soon as [Plaintiff] stop[s] splitting hairs, problems will go away.” (Compl., PageID.12.)

         On July 14, Defendant Brown opened Plaintiff's cell door and stated, “Your bitch ass better not have told on me again today. I hear anything else, I'm gonna fuck your ass up.” (Id., PageID.7.)

         On July 21, Plaintiff saw Woodard open and read Plaintiff's incoming mail after the mail had already been inspected and screened for contraband. Plaintiff asked Woodard why he did this, and Woodard responded, “Yeah. I read your mail. So what. You gonna cry about that too. Just remember, I got Bonnie's address.” (Id., PageID.10.) Plaintiff interpreted this statement as a threat toward his family.

         On July 31, Defendant Brown wrote a misconduct report on Plaintiff for interference with the administration of rules. The report alleged that Plaintiff logged onto his J-Pay account when he was not authorized to do so because he was subject to a loss-of-privileges sanction. (Misconduct Report, ECF No. 1-1, PageID.21.)

         On August 7, Clark met with Plaintiff to interview him about several grievances that Plaintiff had filed. Clark asked Plaintiff to sign off on the grievances, but Plaintiff refused to do so. Clark then told Plaintiff, “As long as you keep writing these grievances, I'll never send you to Level II. ...


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