United States District Court, S.D. Alabama, Southern Division
REPORT AND RECOMMENDATION
KATHERINE P. NELSON, UNITED STATES MAGISTRATE JUDGE
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WL 1367192 (M.D. Ala. 2005) (unpublished) (dismissing with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.
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
• 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.
• 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.
• He was unjustifiably found guilty of the December 9,
2017 incident and was released from RHU on ...