United States District Court, W.D. Michigan, Northern Division
L. MALONEY, 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. § 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 against Defendants State of
Michigan, Unknown Skipper, Unknown Henry, Unknown Party
(Captain John Doe), Unknown Miller, Unknown Simmons, Unknown
Sturn, Unknown Wise, Unknown Sissel, Unknown Joyit, Unknown
Breelove, Unknown Foltz, Unknown Gaudio, Unknown Kelly,
Unknown Chaney, Unknown Smith, Unknown Frias, and Unknown
Pittman. The Court will also dismiss Plaintiff's First
Amendment retaliation claims against Defendants Unknown Bonn,
Unknown Cunningham, and Unknown Jackson. Plaintiff's
Eighth Amendment and First Amendment retaliation claims
against Defendants Unknown Brown and Unknown Wilson,
Plaintiff's Eighth Amendment claims against Unknown Bonn,
Unknown Cunningham, and Unknown Jackson, and Plaintiff's
state-law claims against those five Defendants remain.
is presently incarcerated with the Michigan Department of
Corrections (MDOC) at the Earnest C. Brooks Correctional
Facility, (LRF) in Muskegon Heights, Muskegon County,
Michigan. The events about which he complains, however,
occurred at the Ionia Correctional Facility (ICF) in Ionia
County, Michigan and the Carson City Correctional Facility
(DRF) in Montcalm County, Michigan.
sues the State of Michigan through the MDOC and several MDOC
employees at ICF: Warden Unknown Skipper; Unknown Party
(Captain John Doe); Lieutenant Henry; Inspectors Unknown
Miller, Unknown Simmons, and Unknown Bonn; Sergeants Unknown
Sturn, Unknown Wise, Unknown Sissel, Unknown Cunningham,
Unknown Joyit, Unknown Breelove, and Unknown Jackson;
Corrections Officers Unknown Brown, Unknown Foltz, Unknown
Gaudio, Unknown Kelly, D. Wilson, and Unknown Chaney; and
Assistant Resident Unit Supervisors Unknown Smith, Unknown
Frias, and Unknown Pittman.
alleges that, while he was housed at ICF during 2015 and then
again during April, May, and June of 2018, several of the
Defendants threatened to harm him or to have other prisoners
harm him and then actually carried out those threats.
Plaintiff alleges the rest of the Defendants were aware of
the threats to Plaintiff's safety, and were deliberately
indifferent to the risk of harm. Plaintiff claims that the
threats and the deliberate indifference were retaliatory for
conduct protected by the First Amendment: filing grievances.
June of 2018, Plaintiff was attacked by an unknown assailant.
Plaintiff contends the attack was arranged by Brown, Wilson,
or both. Plaintiff was transferred to the Duane Waters Health
Center in Jackson, Michigan. He reported the threats to staff
at that facility. When he was transferred, the MDOC moved
Plaintiff to DRF. Plaintiff claims prisoners at DRF
threatened because Defendants Brown and Wilson “had a
‘green light' on Plaintiff's head.”
(Compl., ECF No. 1, PageID.29.)
seeks a declaration that Defendants have violated his rights,
an injunction prohibiting Plaintiff's placement at ICF or
any facility where the Defendants are present; an injunction
compelling proper treatment for Plaintiff's injuries, and
millions of dollars in compensatory and punitive damages.
this is not the first time Plaintiff has raised these claims.
In Bell v. Miller et al., 1:18-cv-522 (W.D. Mich.)
(Bell I), Plaintiff initially sued Defendants
Miller, Simmons, Skipper, Brown, and Wilson based on the same
facts that are the basis for this action. In Bell I,
however, Plaintiff's statement of facts included little
detail. Upon initial screening, the Court dismissed
Plaintiff's claims against Defendants Miller, Simmons,
and Skipper, and ordered service of the complaint upon
Defendants Brown and Wilson.
Plaintiff was granted leave to supplement the complaint to
add additional Defendants: Defendants Wise (recorded as Loise
in the docket), Sturn, Henry, Foltz, Smith, Sissel, Joyit,
Gaudio (recorded as Saudio in the docket), Kelly, Breelove,
Chaney, Pittman, Frias (recorded as Friasy in the docket),
Miller, Simmons, Skipper, the John Doe Captain, and Ionia
State Troopers. Bell I (Op. and Order, ECF Nos. 13,
14.) Although the Court permitted Plaintiff to add the
Defendants and supplement his claims, the parties and claims
were dismissed for failure to state a claim. Bell I
(Id.) Plaintiff sought to amend his complaint again,
Bell I (ECF Nos. 17, 19, 20, 21), but the Court
denied his motions, Bell I (ECF No. 24).
Brown and Wilson appeared in the action and moved for summary
judgment based on Plaintiff's failure to exhaust his
administrative remedies. Bell I (ECF Nos. 21, 22.)
The Court granted summary judgment on that ground. Bell
I (Order and J., ECF Nos. 32, 33.)
sought reconsideration and he filed a notice of appeal.
Plaintiff, now claiming that he has exhausted his
administrative remedies against Brown and Wilson in the
interim, filed this action. The Court denied reconsideration,
Bell I (Order, ECF No. 41), and, apparently,
Plaintiff's Bell I appeal is ongoing.