United States District Court, W.D. Arkansas, Hot Springs Division
REPORT AND RECOMMENDATION OF THE MAGISTRATE JUDGE
JAMES R. MARSCHEWSKI, Chief Magistrate Judge.
This is a civil rights action brought by the Plaintiff, Bobby D. Williams, pursuant to 42 U.S.C. § 1983. Plaintiff proceeds pro se and in forma pauperis.
The Plaintiff is incarcerated in Ouachita River Correction Unit (ORCU) of the Arkansas Department of Correction (ADC). The case is before the Court on Defendants' motion for summary judgment (Docs. 35-37) and Plaintiff's response (Doc. 38). The motion is ready for decision.
Plaintiff has filed this lawsuit against the ADC and numerous of ADC personnel employed at the ORCU. Plaintiff has a number of serious medical conditions: CML; gout; diabetes; and high blood pressure.
On October 7, 2012, Plaintiff was given a disciplinary violation for failing to follow Sergeant Clark's orders. The disciplinary was written by Sergeant Delaney. Sergeant Clark is not a named Defendant.
On October 15, 2012, Plaintiff asserts that Corporal Boles, Corporal Mayhue, Sergeant McDermott, and Lieutenant Clark placed him on punitive isolation as they were inventorying the Plaintiff's property. (Doc. 1 at pg. 4). Out of the blue, Plaintiff maintains that Corporal Boles, Corporal Mayhue, and Sergeant McDermott, within the hearing of the other inmates, said that Plaintiff was in jail for raping his daughter. (Doc. 1 at pg. 5). Since then, Plaintiff indicates that he has been threatened and harassed by other inmates. Id. He maintains that the officers' actions show racism.
Plaintiff maintains that Sergeant McDermott, Corporal Boles, and Corporal Mayhue have threatened to put something in his food or drink and have said they would pay someone to cause Plaintiff bodily harm. (Doc. 1 at pgs. 5-6). From October 16th to October 27th, Plaintiff states he was unable to take his chemo pill, his insulin, or his high blood pressure medication and was losing a lot of weight. Id. at pg. 6. During this same time period, Plaintiff maintains he had to wash himself with his dirty boxers. Id. He also asserts that his boxers and hand towels were confiscated. Id. He indicates he was forced to wear someone else's boxers.
On December 29, 2012, at approximately 8:00 a.m. Plaintiff was awaken by Corporal Carpenter and Corporal McDorman. Plaintiff maintains he was dragged from his bed and hand cuffed. Plaintiff indicates that the cuffs were so tight that he lost feeling in his left hand and the cuffs broke his skin. Plaintiff asked to see the either the lieutenant or the captain on duty that day.
Plaintiff cell was searched. According to Plaintiff, when they couldn't find anything Corporal Green and Corporal McDorman threw him to the floor. Plaintiff maintains they planted some pills in his cell. He notes the medication was for diabetes and was a medication his cell mate took. While Plaintiff has diabetes, he is on insulin in the form of shots he must take three times a day.
Plaintiff states he was written a bogus disciplinary. The disciplinary was written by Corporal McDorman and he states that he and Corporal Carpenter conducted the shake down of Plaintiff's cell. (Doc. 6 at pg. 6). Plaintiff was charged with possession of a drug, insolence to a staff member, using abusive or obscene language to a staff member; failure to obey a verbal or written order of staff; and asking, coercing or offering inducement to anyone to violate policies, procedures, rules, regulations, or federal laws. (Doc. 6 at pg. 6).
Plaintiff maintains the disciplinary judge will always find something that you will be guilty of. Plaintiff asserts that all of these actions were taken because of his race. He believes the December 29th disciplinary charge and his being found guilty of it was in retaliation for his filing of this lawsuit. If the video tape for December 28th and 29th is reviewed, Plaintiff maintains it will show who planted the pills under his mat. (Doc. 6 at pg. 6).
On December 31st, Plaintiff indicated he asked Warden Golden to look at the video tape of how the officer's threatened him. Plaintiff believes they want to kill him because it costs too much for his medial care.
By affidavit, Adam Clark states that Plaintiff received numerous disciplinary charges by different officers for violating disciplinary rules. Defts' Ex. 2 at ¶ 8. With respect to the December 29th incident, Clark indicates that McDorman charged the Plaintiff with major disciplinary charges for the drugs and other inappropriate behavior during the shake down. Id. at 2(B) at pg. 46. The only Defendants involved in this incident are Carpenter, McDorman, Parker, and Straughn. Id. at 2 at ¶ 13.
Plaintiff had a disciplinary hearing and was found guilty. Defts' Ex. 2 at ¶ 15. He was present at the hearing and made a ...