United States District Court, W.D. Arkansas, Texarkana Division
O. Hickey, United States District Judge
a civil rights action filed by Plaintiff Dustin Blaine
Chandler pursuant to 42 U.S.C. § 1983. Plaintiff
proceeds pro se and in forma pauperis. The
case is before the Court for preservice screening under the
provisions of the Prison Litigation Reform Act
(“PLRA”), 28 U.S.C. § 1915A. Pursuant to the
PLRA, the Court has the obligation to screen any complaint in
which a prisoner seeks redress from a governmental entity,
officer, or employee of a governmental entity.
filed his Complaint on January 22, 2019. (ECF No. 1). His
application to proceed in forma pauperis
(“IFP”) was granted the same day. (ECF No. 3).
Plaintiff is currently incarcerated in the Sevier County Jail
(“SCJ”) serving a sentence as a result of a
judgment of conviction. (ECF No. 1, p. 3).
has named Jail Administrator Chris Wolcott, Deputy Gustavo
Alvarez, Sheriff Robert Gentry, Jailer Melissa Brecheisen,
Jailer Cecily Hughes, and Assistant Jail Administrator Terry
Hernandez as Defendants. Plaintiff asserts several claims
based on allegations of verbal threats, excessive force,
retaliation, interference with the grievance process, black
mold in the SCJ, denial of medical care, and denial of access
to a law library.
Plaintiff alleges he was verbally threatened by Alvarez on
January 8, 2019:
I was setting down on the table when officer
Alvarez…entered (A) pod stated ‘whats wrong with
write up?' I tried to explain he stated ‘shut up
before I do something bad to you.' All the time he said
to go to your cell I obeyed, he followed me on the stairs and
he said ‘I'll give you another 7 days lock
down' I said why and he said “ I don't
know…I said lock me down for life you weirdo' he
said ‘What did you call me'…I had my back to
him and he pepper sprayed me.
(ECF No. 1, p. 5). Plaintiff also claims when he informed
Brecheisen on January 8, 2019, that he wanted to appeal the
disciplinary write up, she then informed Alvarez of
Plaintiff's intention, and both she and Alvarez began
using offensive language such as “Let me go talk to
that son of a ***** I'm tired of his **** anyway.”
(ECF No. 1, p. 6).
January 10, 2018, Plaintiff alleges he was verbally
threatened and retaliated against by Wolcott when he was:
taken up front to appeal write up & showed video of being
pepper sprayed, At this time Chris Wolcott stated due to my
grievance procedure that he will keep me here 80 days I will
remain on 23-1 He will send me to ADC for 180 days, to file a
1983 form that they don't scare them…”
(ECF No. 1, p. 8).
also claims that Gentry:
abuses his power by doing nothing when Chris Wolcott stood in
front of him & verbally told me what he would do all
behind me filing a grievance which is my legal rights to due
process. Its not policy for him to stand there & say
nothing while I'm intimidated by his co-worker after
another one pepper sprayed me for no reason.
(ECF No. 1, p. 9).
January 11, 2019, Plaintiff claims Alvarez retaliated against
him for filing a grievance to appeal a disciplinary report by
“inform[ing] the tower not to let me out of my cell, to
file a grievance. Him knowing I been on 23 hour lock down
& him knowing the kiosk shuts off at 10:00pm &
that's the only way I have to exercise all my admin.
remedeys.” (ECF No. 1, p. 7).
also alleges that there is black mold in “numerous
cells and the shower”. He states he has informed SCJ
officials of the situation and that it was not resolved to
his satisfaction. Specifically, he claims:
…It is in violation of my rights to be housed in a
confined cell being exposed to Black mold.
1-9-19…Officer Terry Hernandez did a walk
thru…we showed him black mold he stated ‘we have
paint & chemicals for it'…1-11-19 maintenance
came in & scrubed one cell that had black mold in it at
this time I was still housed in a confined space were I could
smell the chemicals they used to scrub the black mold, the
whole time there was no ventilation system, ...