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Miller v. Baldwin County Corrections Center

United States District Court, S.D. Alabama, Southern Division

July 23, 2018

PAUL MATTHEW MILLER #17010393, Plaintiff,
v.
BALDWIN COUNTY CORRECTIONS CENTER, [1] Defendant.

          REPORT AND RECOMMENDATION

          KATHERINE P. NELSON, UNITED STATES MAGISTRATE JUDGE

         Plaintiff, a Baldwin County Sheriff's Correctional Center (“BCSCC”) pretrial detainee proceeding pro se and in forma pauperis, filed a complaint under 42 U.S.C. § 1983. This action has been referred to the undersigned for appropriate action pursuant to 28 U.S.C. § 636(b)(1)(B) and S.D. Ala. GenLR 72(a)(2)(R). After careful review, it is recommended that pursuant to 28 U.S.C. § 1915(e)(2)(B)(i), this action be dismissed with prejudice as frivolous. Billingsley v. Abbett, 2005 WL 1367192 (M.D. Ala. 2005) (unpublished) (dismissing with prejudice as frivolous a § 1983 action against the Tallapoosa County Jail). I. Complaint. (Doc. 1).

         Plaintiff filed his complaint on the Court's § 1983 complaint form and listed BCSCC as the only Defendant in Section III. (Doc. 1 at 7). The relief he seeks from this Defendant is to have it be accountable for what happened to him and to be “compensat[ed] for the stress, pain (both mental and physical), suffering, and injury caused by staff.” (Id. at 9). He complains of a myriad of matters that began on October 9, 2017, ranging from minor inconveniences, e.g., missing his lunch tray, to having a taser gun used on him while at BCSCC. (Id. at 4, 5). He listed chronologically the complained of incidents (Id. at 3-6), which are set out below.

• He was coerced by CO Palmer through threats to disclose his medical information to non-medical personnel. (Id. at 4)
• He was immediately placed in a restraint chair by CO Palmer when he arrived and remained there for eight hours without a bathroom break, causing him to urinate on himself and having to sit in that condition. (Id.).
• He was forced to sleep on the floor in Q-block after having been told there were no empty beds even though he saw one in the next cell. (Id.).
• He did not receive his lunch tray when he returned from court. (Id.).
• He was moved from Q-block to H-block. (Id. at 5).
• He refused to lockdown, which resulted in CO Klose shooting him with a taser gun when he was wet in a metal shower, and in him being wrestled to the ground, handcuffed, choked by CO Frye, and taken to RHU (“Restrictive Housing Unit”). (Id.).
• He was denied his medical shampoo. (Id.). He returned to medical for chest pains and was told they would have to take his medical stats to give him the shampoo. (Id.).
• He was dared by CO Mosley to fight once Mosley removed one of his handcuffs. (Id.).
• He was released from RHU on December 5, 2017 from the November 8, 2017 incident. (Id. at 6).
• He was returned to RHU on December 9, 2017 after a piece of metal was found in the cell by Officer Mosley. (Id.).
• He was unjustifiably found guilty of the December 9, 2017 incident and was released from RHU on ...

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