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Adams v. Raybon

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

September 3, 2019

CLARENCE RASHAAD ADAMS, #275904 Plaintiff,
v.
WARDEN TERRY RAYBON, et al., Defendants.

          REPORT AND RECOMMENDATION

          BERT W. MILLING, JR. UNITED STATES MAGISTRATE JUDGE

         Plaintiff, an Alabama prison inmate 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). It is recommended that this action be dismissed without prejudice, prior to service of process, pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii) for failure to state a claim upon which relief may be granted.

         I. Nature of Proceedings.

         A. Amended Complaint. (Doc. 4).

         The Complaint before the Court is a Court-ordered Amended Complaint. (Doc. 4). In it, Plaintiff sues as Defendants, Warden Terry Raybon, Lieutenant Regina Bolar, Warden Stewart, Officer Justin Culpepper, and Officer Bennet Junior, all of whom who are employed at Holman Correctional Facility (Holman). (Id. at 7-9).

         According to Plaintiff, on March 9, 2017, while he was in the television area of C-Dorm, a fight broke out between inmate Stephon Marshall and group of unidentified inmates. (Id. at 4). Plaintiff attempted to diffuse the situation but was stabbed when one of the inmates who was attacking Marshall pulled a knife and stabbed him. (Id.). Plaintiff had to fend for himself because Defendants Culpepper and Junior were not at their assigned posts in C-Dorm. (Id.). He did not know who stabbed him so he could not tell Defendants Raybon and Bolar, who became angry with him because he could not identify his assailant. (Id.). Plaintiff was charged with a disciplinary for fighting with a weapon, (but he was not informed of this charge and it being nolle prossed until later when he was incarcerated at Donaldson Correctional Facility (Donaldson) where he was in segregation for over 200 days, ending October 2017). (Id. at 4, 5).

         Several days later, Plaintiff was charged with two more disciplinaries for fighting without a weapon and for possession of a knife. (Id. at 4). Defendant Zachary Hard, the cubical officer, was the arresting officer as he allegedly saw from the cubicle's window that Plaintiff was in possession of knife and fighting with a group of inmates. (Id.).

         Defendant Bolar found Plaintiff guilty of these two disciplinaries based on Defendant Hard's statements, which caused Plaintiff to be placed in segregation. (Id. at 5). While in segregation, Plaintiff obtained Defendant Hard's notarized affidavit which stated that he did not see Plaintiff in possession of a knife or fighting and that he did not make the statements which formed the bases of the hearing officer's guilty verdicts. (Id.). Plaintiff filed grievances with Defendants Raybon and Stewart, but no action was taken except for Defendant Raybon stating that he wanted to know who the assailants were. (Id.).

         Plaintiff claims that Defendants violated his due process rights and his equal protection rights. (Id. at 7-9, 11). For relief, Plaintiff wants his disciplinary reports expunged and punitive damages from each Defendant in the amount of $250, 000. (Id. at 11).

         B. Disciplinary Reports. (Doc. 10).

         Because the Court's screening of the Amended Complaint could not be completed due to the absence of information, it ordered Plaintiff to file the disciplinary reports for the two disciplinary convictions he was challenging. (Doc. 9). Plaintiff filed those disciplinary reports. (Doc. 10).

         The disciplinary report for fighting without a weapon reflects that Plaintiff was found guilty and was sentenced to a 45-day loss of canteen, telephone, and visiting privileges and 30 days in disciplinary segregation. (Id. at 5). Defendant Raybon, as warden, approved this disciplinary on April 3, 2017. (Id.). And the disciplinary report for the unauthorized possession of a weapon reflects that Plaintiff was found guilty and was sentenced to a 45-day loss of canteen, telephone, and visiting privileges and to 45 days in disciplinary segregation. (Id. at 9). Defendant Raybon, as warden, approved the disciplinary and its sentence on March 29, 2017. (Id. at 9). In each disciplinary report, dates are provided for when Plaintiff would begin to serve each part of his sentences. (Id. at 5, 9).

         In his unsigned statement submitted with the disciplinary reports, Plaintiff stated that he was submitting a copy of the report of the nolle-prossed disciplinary for informational purposes. (Id. at 1). This copy was not submitted with the other disciplinary reports.

         II. Standards of Review Under 28 U.S.C. ...


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