Opinion

Hall v. Setser

Court
District Court, W.D. North Carolina
Filed
Apr 1, 2022
Cited by
0 cases
Authority
More cited than 24.8%

The opinion

UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF NORTH CAROLINA

ASHEVILLE DIVISION

1:22-cv-00059-MR

BRYAN KEITH HALL, )

)

Plaintiff, )

)

vs. )

)

) ORDER

)

B. SETSER, et al., )

)

Defendants. )

___________________________ )

THIS MATTER is before the Court on initial review of Plaintiff’s

Complaint, filed under 42 U.S.C. § 1983. [Doc. 1]. See 28 U.S.C. §§

1915(e)(2); 1915A. Plaintiff is proceeding in forma pauperis. [Docs. 2, 7].

I. BACKGROUND

Pro se Plaintiff Bryan Keith Hall (“Plaintiff”) is a prisoner of the State of

North Carolina currently incarcerated at Mountain View Correctional

Institution in Spruce Pine, North Carolina. On March 16, 2022, Plaintiff filed

this action pursuant to 42 U.S.C. § 1983 against Defendants B. Setser,

identified as a Sergeant at Foothills Correctional Institution (“Foothills”); and

B. Trivette, Samuel Poole, and Ethan Magnum, identified as a Correctional

Officers at Foothills, all in their individual and official capacities. [Doc. 1].

Plaintiff alleges that, on May 14, 2020, at Foothills Minimum Custody Unit,

Defendants assaulted Plaintiff while he was restrained in handcuffs. Plaintiff

alleges that he was knocked unconscious during the assault and that he

suffered a broken nose requiring reconstructive surgery, as well as a

hematoma on his forehead, a badly bruised shoulder, and a concussion.

Although not identified by Plaintiff, the Court will construe Plaintiff’s claim

under the Eighth Amendment.

For relief, Plaintiff seeks compensatory damages. [Id. at 5].

II. STANDARD OF REVIEW

The Court must review Plaintiff’s Complaint to determine whether it is

subject to dismissal on the grounds that it is “frivolous or malicious [or] fails

to state a claim on which relief may be granted.” 28 U.S.C. § 1915(e)(2).

Furthermore, § 1915A requires an initial review of a “complaint in a civil

action in which a prisoner seeks redress from a governmental entity or officer

or employee of a governmental entity,” and the court must identify cognizable

claims or dismiss the complaint, or any portion of the complaint, if the

complaint is frivolous, malicious, or fails to state a claim upon which relief

may be granted; or seeks monetary relief from a defendant who is immune

from such relief. 28 U.S.C. § 1915A.

In its frivolity review, this Court must determine whether the Complaint

raises an indisputably meritless legal theory or is founded upon clearly

baseless factual contentions, such as fantastic or delusional scenarios.

Neitzke v. Williams, 490 U.S. 319, 327-28 (1989). Furthermore, a pro se

complaint must be construed liberally. Haines v. Kerner, 404 U.S. 519, 520

(1972). However, the liberal construction requirement will not permit a

district court to ignore a clear failure to allege facts in his Complaint which

set forth a claim that is cognizable under federal law. Weller v. Dep’t of Soc.

Servs., 901 F.2d 387 (4th Cir. 1990).

III. DISCUSSION

To state a claim under § 1983, a plaintiff must allege that he was

“deprived of a right secured by the Constitution or laws of the United States,

and that the alleged deprivation was committed under color of state law.”

Am. Mfrs. Mut. Ins. Co. v. Sullivan, 526 U.S. 40, 49-50 (1999).

The Eighth Amendment prohibits the infliction of “cruel and unusual

punishments,” U.S. CONST. amend. VIII, and protects prisoners from the

“unnecessary and wanton infliction of pain.” Whitley v. Albers, 475 U.S. 312,

319 (1986). To establish an Eighth Amendment claim, an inmate must

satisfy both an objective component–that the harm inflicted was sufficiently

serious–and a subjective component–that the prison official acted with a

sufficiently culpable state of mind. Williams v. Benjamin, 77 F.3d 756, 761

(4th Cir. 1996). In adjudicating an excessive force claim, the Court must

consider such factors as the need for the use of force, the relationship

between that need and the amount of force used, the extent of the injury

inflicted, and, ultimately, whether the force was “applied in a good faith effort

to maintain or restore discipline, or maliciously and sadistically for the very

purpose of causing harm.” Whitley, 475 U.S. at 320-21.

Taking Plaintiff’s allegations as true for the purposes of this initial

review and drawing all reasonable inferences in his favor, Plaintiff states an

Eighth Amendment claim against Defendants in their individual capacities.

Plaintiff’s claim against Defendants in their official capacities, however,

will be dismissed. “[A] suit against a state official in his or her official capacity

is not a suit against the official but rather is a suit against the official’s office.”

Will v. Mich. Dep’t of State Police, 491 U.S. 58, 71 (1989). Because a state

is not a “person” under § 1983, state officials acting in their official capacities

cannot be sued for damages thereunder. Allen v. Cooper, No. 1:19-cv-794,

2019 WL 6255220, at *2 (M.D.N.C. Nov. 22, 2019). Furthermore, the

Eleventh Amendment bars suits for monetary damages against the State of

North Carolina and its various agencies. See Ballenger v. Owens, 352 F.3d

842, 844-45 (4th Cir. 2003). As such, Plaintiff has failed to state a claim for

relief against Defendants in their official capacities and these claims will be

dismissed.

IV. CONCLUSION

In sum, Plaintiff’s excessive force claim against Defendants in their

individual capacities survives initial review. Plaintiff’s claim against

Defendants in their official capacities does not and will be dismissed.

ORDER

IT IS, THEREFORE, ORDERED that Plaintiff’s Eighth Amendment

excessive force claim against all Defendants in their individual capacities

passes initial review.

IT IS FURTHER ORDERED that Plaintiff’s Eighth Amendment

excessive force claim against Defendants in their official capacities is hereby

DISMISSED.

IT IS, THEREFORE, ORDERED that Clerk of Court shall commence

the procedure for waiver of service as set forth in Local Civil Rule 4.3 for all

Defendants, who are alleged to be current or former employees of the North

Carolina Department of Public Safety.

The Clerk is also instructed to mail Plaintiff an Opt-In/Opt-Out form

pursuant to Standing Order 3:19-mc-00060-FDW.

IT IS SO ORDERED.

Signed: April 1, 2022

Martiff Reidinger ey

Chief United States District Judge MES

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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