United States District Court, W.D. Michigan, Southern Division
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 Michigan Department of Corrections,
Majercyzk, Schultz, and Pallas.
Discussion
I.
Factual Allegations
Plaintiff
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 Kinross Correctional Facility (KCF) in
Kincheloe, Chippewa County, Michigan, the Chippewa
Correctional Facility (URF) in Kincheloe, Chippewa County,
Michigan, and the Oaks Correctional Facility (ECF) in
Manistee, Manistee County, Michigan. Plaintiff sues the
Michigan Department of Corrections (MDOC), ECF Mental Health
Chief Brian Majercyzk, Psychologist Unknown Marshall, Nurse
Jack Bellinger, Nurse Unknown Briske, Nurse Unknown Doane,
Lieutenant Unknown Baker, Sergeant Nicholas Radamaker,
Corrections Officer Unknown Schultz, and Hearings Officer D.
J. Pallas.
Plaintiff
alleges that at 7:45 p.m. on June 21, 2019, while he was
being housed at the KCF, he was approached by several
correctional officers who ordered him to place his hands
behind his back so he could be handcuffed. Plaintiff was then
escorted to the control center, where he was strip searched
and placed in a holding cell. Shortly thereafter, Plaintiff
was transferred to URF, where he was placed in a holding cell
with another prisoner.
On June
25, 2019, Plaintiff was transferred to the ECF administrative
segregation unit. Upon his arrival at ECF, Hearings
Investigator Goodsped asked Plaintiff if he wanted to make a
statement about the misconduct he had received. Plaintiff
responded that he had not received a misconduct. Goodsped
asked if that was his statement and Plaintiff stated that he
was innocent.
On June
26, 2019, Plaintiff had a settlement conference before United
States Magistrate Judge Ellen Carmody in No. 1:17-cv-82,
during which he declined to dismiss his claims against Brian
Majercyzk, Nicholas Radamaker, and Jessie Shelton. The Court
notes that Majercyzk and Radamaker are also named as
defendants in this case.
On June
27, 2019, Defendant Marshall interviewed Plaintiff regarding
his treatment plan. Plaintiff asked if the plan could be
updated to address his new security level. Defendant Marshall
stated that Plaintiff was scheduled to see the treatment team
in September, so his plan could remain in place until then.
Plaintiff responded that his symptoms were getting worse
since being in segregation and that his goal was to manage
them in his current living situation. Defendant Marshall
again refused.
On July
1, 2019, Plaintiff had a disciplinary hearing with Defendant
Pallas. Plaintiff stated that he had never received a
misconduct and did not know why he was in administrative
segregation. Defendant Pallas read an assault and battery on
an inmate misconduct, which had been written by Sgt. Formolo.
Defendant Pallas told Plaintiff to write down any questions
he wanted to ask Sgt. Formolo and adjourned the hearing.
Plaintiff states that he never got his questions answered,
nor did he have the opportunity to present evidence in his
defense. On July 3, 2019, Defendant Pallas found Plaintiff
guilty. The hearing report, which is attached to
Plaintiff's complaint, states that there was surveillance
video showing a prisoner, who was positively identified as
Plaintiff, striking another prisoner in the head and chest.
The prisoner who was assaulted during the incident was found
to have puncture wounds. (ECF No. 1-1, PageID.20-21.)
On July
2, 2019, Plaintiff had a security classification committee
(SCC) review. Assistant Deputy Warden Clause asked Plaintiff
what had happened, and Plaintiff stated that he did not know.
Resident Unit Manager McCary stated that he did not see
anything in the computer on Plaintiff. Plaintiff told them
that his misconduct hearing had been adjourned. Assistant
Deputy Warden Clause indicated that they would lay Plaintiff
in for 30 days and he was escorted back to his cell.
On July
11, 2019, Plaintiff had a videoconference with Dr. Fuller and
Plaintiff complained that his mental health needs were not
being met in administrative segregation. Dr. Fuller told
Plaintiff that he was going to refer him for inpatient
treatment. Later that day, Plaintiff was taken to a caged
shower to meet with Defendant Marshall. Defendant Marshall
asked Plaintiff what he had told Dr. Fuller, and Plaintiff
shared the information. Defendant Marshall then told
Plaintiff that he should have kept his mouth shut and would
now be going to an observation cell. Plaintiff tried to
explain to Officer Pike that Defendant Marshall was
retaliating against him on behalf of Defendant Majercyzk, but
Pike said that health care overrides unit officers in this
type of situation. Plaintiff was then placed in an
isolation/observation cell. Once in the isolation cell,
Plaintiff only had a strap on gown and a blanket. The light
was on twenty-four hours a day. Plaintiff was not given any
tissue and could not flush the toilet. There was a camera in
the cell and there were no other cells in the surrounding
area.
On July
12, 2019, Defendant Marshall and Ms. Mucha came to the cell
window and told him that he was going to be kept in the cell
for the time being. Ms. Mucha told Plaintiff that she knew it
was difficult, but that they were still consulting with some
people. Plaintiff protested that he had not done or said
anything to warrant his placement in an observation cell.
Plaintiff stated that the observation cell was where he had
heard voices the last time. Defendant Marshall said that
Plaintiff just needed to get through the weekend and he would
be released from observation on Monday. Plaintiff complained
that when others were placed in an observation cell, they
were released after twenty-four hours. Plaintiff asked why he
was being treated differently, but Defendant Marshall and Ms.
Mucha refused to answer. A little while later, Defendant
Marshall came by Plaintiff's cell and told him that if
she released him from observation and he tried to kill
himself, she could be liable. Plaintiff said that he was in
the observation cell when he tried to chew through his wrist
vein. Defendant Marshall said, “I know, but Majercyzk
doesn't think it is a good idea.” Later that
afternoon, Plaintiff suffered a psychotic break and attempted
suicide by chewing into his left vein. Plaintiff was escorted
from the observation cell and seen by Defendant Bellinger,
who rinsed the wound with water and dressed it with a large
band aid. Plaintiff claims that his vein was “partly
coming out of his wrist.” (ECF No. 1, PageID.7.)
Plaintiff subsequently bit into the wound again and was
treated by Defendant Doane, who rinsed the wound with water
and applied a large band aid. Defendant Radamaker then
ordered Plaintiff to be placed in a restraint chair.
Approximately two hours later, Plaintiff told Sgt. Stone that
the restraints were too tight and his wrist ached. Sgt. Stone
stated that a nurse would be coming to do a restraint check
shortly.
Later,
when Defendant Radamaker came to his cell, Plaintiff asked to
see the nurse because he was in pain. Defendant Radamaker
asked Plaintiff if he was going to continue his suicidal
behavior, but Plaintiff did not respond. Defendant Radamaker
told Plaintiff that if he answered the question, he could see
the nurse. Plaintiff said nothing. Defendant Radamaker then
said “ok” and walked away. (Id.) At
approximately 7:00 p.m., Plaintiff called for help. Defendant
Radamaker responded to the call and Plaintiff asked to see
Defendant Baker. When Defendant Baker arrived, Plaintiff
asked if he could shower to wash the dried blood off, but
Defendant Baker refused his request. Defendant Baker stated
that the nurse would be around later to pass out the
medication. Plaintiff then complained that the restraints
were too tight and hurting his arms and wrists. Defendant
Baker again stated that the nurse would be around soon.
At 9:00
p.m., Defendant Doane came to give Plaintiff his medication.
Defendant Doane checked Plaintiff's restraints and had
Defendant Radamaker loosen the shoulder restraints. Defendant
Doane left without checking or cleaning Plaintiff's bite
wound. At midnight, Sgt. Mackey and Lt. Johnson removed
Plaintiff from his restraints. For the next two days,
Plaintiff felt better, was able to eat all his meals, and did
not have any suicidal thoughts. Plaintiff did not sleep well
on the night of July 14, 2019, because it was quite hot in
his cell. On July 15, 2019, Defendant Marshall asked
Plaintiff about his condition on July 12, 2019, and he stated
that being in the observation cell made him hear things and
hallucinate. Defendant Marshall explained that because
Plaintiff had been in the restraint chair for eight hours, he
was going to be kept in the observation cell for additional
observation. Plaintiff protested that he did not need to be
in observation and that it was not fair to keep him there
...