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Abraitis v. Moon

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

November 12, 2019

MARK A. ABRAITIS, Plaintiff,
v.
NATHAN MOON et al., Defendants.

          OPINION

          Janet T. Neff 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 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 URF Corrections Officer Nathan Moon and URF Prisoner Counselor Christopher Batho.

         Plaintiff alleges that on January 27, 2019, he heard Defendant Moon speaking with prisoner Montelongo regarding how officers issue sanctions for misconducts. Plaintiff believed Defendant Moon misinformed Montelongo, so Plaintiff spoke with Montelongo and corrected the misinformation. Defendant Moon was nearby and overheard the conversation between Plaintiff and Montelongo.

         Later, when Plaintiff returned to the lobby/base area of the unit, Defendant Moon told Plaintiff his conversation with Montelongo had earned Plaintiff an excessive noise ticket. Plaintiff took offense at the misconduct and Moon's other threats regarding the punishment that would follow. Plaintiff threatened to file a grievance. Plaintiff contends his conversation with Montelongo was not excessively noisy. Plaintiff filed a grievance against Defendant Moon. It was denied.

         Officer Beacom conducted the review of the excessive noise misconduct with Plaintiff. Plaintiff pleaded guilty in exchange for a sanction of two-days toplock. Plaintiff contends he is innocent despite his plea.

         Plaintiff's first day of toplock sanctions occurred on February 1, 2019. Despite being on toplock, Plaintiff received a call out for his religious service. He did not receive a call out for his work assignment. While returning from the religious service, Plaintiff learned that the library where he worked had twice called the unit to callout Plaintiff for work. Plaintiff posits that Defendant Moon and one of his friends took those calls and then refused to callout Plaintiff for work. Plaintiff filed a grievance against Defendant Moon. It was denied.

         In the weeks that followed, Defendant Moon mocked Plaintiff's religion by calling Allah a liar and saying “fuck Allah.” Plaintiff mentions, without describing, other incidents of ridicule and harassment. Plaintiff filed grievances against Defendant Moon. They were denied.

         On March 17, 2019, Plaintiff was standing near the hot water dispenser. Defendant Moon was leaving the staff bathroom drying his hands with a paper towel. Defendant Moon “forcefully threw the paper towel towards Plaintiff . . . .” (Compl., ECF No. 1, PageID.8.) The paper towel hit the prisoner bathroom door, which was only 18 to 24 inches away from Plaintiff. Plaintiff jumped. He was alarmed and panicked by the incident. Plaintiff filed a grievance against Defendant Moon.

         On April 2, 2019, Defendant Batho called Plaintiff to his office for an interview, presumably regarding the paper towel incident. After a brief exchange, Plaintiff left. Defendant Batho then called Plaintiff back to his office and this exchange followed:

Batho: You gotta be fucking kidding me if you think for one second I am going to believe this bullshit you put in this grievance. You are a fucking liar and if you think for one second me or any staff here ...

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