Opinion

Bartlett v. Miller

Court
District Court, W.D. North Carolina
Filed
Oct 4, 2022
Cited by
0 cases
Authority
More cited than 24.9%

The opinion

UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF NORTH CAROLINA

ASHEVILLE DIVISION

1:22-cv-00164-MR

MARLON BARTLETT, )

)

Plaintiff, )

)

vs. )

)

) ORDER

FNU MILLER, 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 Marlon Bartlett (“Plaintiff”) is a prisoner of the State of

North Carolina currently incarcerated at Avery/Mitchell Correctional

Institution in Spruce Pine, North Carolina. On August 22, 2022, Plaintiff filed

the Complaint in this matter under 42 U.S.C. § 1983 based on events he

alleges occurred at Mountain View Correctional Institution (“Mountain View”),

also in Spruce Pine. [Doc. 1]. Plaintiff names the following Defendants: (1)

FNU Miller, identified as a Sergeant at Mountain View; (2) William Wise,

identified as a Lieutenant at Mountain View; and (3) Dexter Gibbs, identified

as an Assistant Warden at Mountain View. [Id. at 1-2]. Plaintiff alleges as

follows.

On October 19, 2021, at approximately 10:30 p.m., Officer Hamilton

approached Plaintiff and accused him of being inside another inmate’s cell,

presumably against prison rules. [Doc. 1-1 at 10]. Plaintiff tried to explain to

Officer Hamilton that he had not been in the other inmate’s cell because the

other inmate was sitting in the doorway to the cell, blocking ingress. Officer

Hamilton directed Plaintiff to proceed to the “core area,” where Plaintiff talked

to Defendant Miller, the Officer-in-Charge. Plaintiff tried to explain to

Defendant Miller that there had been a mistake. Defendant Miller quickly

“caught an attitude” and told Plaintiff “to shut [his] F-ing mouth.” Plaintiff was

immediately placed in handcuffs behind his back. Plaintiff turned his head

to explain to Defendant Miller that he, Plaintiff, had done nothing wrong.

Defendant Miller “then pulled his can of O.C. pepper spray [and] reach[ed]

around the two officers that had [Plaintiff] pinned to the wall and sprayed

[Plaintiff] excessively.” [Id.].

Plaintiff was charged with two disciplinary offenses because of the

incident. [Id. at 12-13]. Plaintiff includes with his Complaint a copy of the

Disciplinary Report. Officer Hamilton reported that Plaintiff began to resist

while Plaintiff was being placed in restraints. Defendant Miller reported that

Plaintiff began to move around, resisting and pulling away, when he was

placed in restraints. Defendant Miller ordered Plaintiff to stop resisting and

stop pulling away and Plaintiff ignored the order and continued to pull away.

Defendant Miller gave Plaintiff a second order to stop resisting and Plaintiff

again ignored the order and continued to pull away. At this time, Defendant

Miller applied two bursts of OC pepper spray to Plaintiff’s facial area and

Plaintiff stopped resisting. [Id. at 12].

On January 11, 2022, nearly three months after the incident, Plaintiff

filed a grievance, recounting in large part what he alleges in his Complaint

here. [See Doc. 1-1 at 2-6]. Defendant Wise acknowledged receipt and

acceptance of the grievance and provided the Step One response. [Id. at 1,

8]. In the Step One response, Defendant Wise provided a summary of the

events in keeping with the Disciplinary Report and determined that no further

action was required. [Id. at 8]. Defendant Gibbs provided the Step Two

response. [Id. at 7]. In the Step Two response, Defendant Gibbs concluded

that the Step One response was sufficient, noting that “[t]he officers involved

in this incident acted within policy and procedure.” [Id.].

Plaintiff claims that Defendant Miller violated his rights under the Eighth

Amendment because Miller sprayed Plaintiff while in handcuffs, which

Plaintiff claims is “clearly excessive use of force.” [Doc. 1 at 3]. Plaintiff

claims that Defendants Wise and Gibbs violated his Eighth Amendment

rights because they knew and did nothing about Defendant Miller’s conduct.

[Id.]. For injuries, Plaintiff states that his eyes burned for four to five days

and that he now gets paranoid when prison officers “come around” him. [Id.].

For relief, Plaintiff seeks compensatory and punitive damages and purports

to seek a declaratory judgment regarding “the acts of the officers/staff.” [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).

A. Excessive Force

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). The Eighth Amendment protects prisoners from inhumane

methods of punishment and from inhumane conditions of confinement.

Williams v. Benjamin, 77 F.3d 756, 761 (4th Cir. 1996).

To establish an Eighth Amendment excessive force 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.

Here, Plaintiff alleges that Defendant Miller pepper sprayed him “while

in handcuffs, which is clearly excessive use of force.” [Doc. 1 at 3]. Plaintiff,

however, includes as part of his Complaint a Disciplinary Report regarding

the disciplinary charges against Plaintiff from the incident. This Report

shows that Plaintiff was pepper sprayed because he was resisting and

disobeying orders. An inmate restrained with only handcuffs can still be a

threat. Contrary to Plaintiff’s claim, employing pepper spray on a restrained

inmate is not per se excessive force and Plaintiff does allege that the Report

is incorrect, but rather includes it as part of his Complaint. As such, Plaintiff

has failed to allege any facts supporting the subjective component of an

Eighth Amendment excessive force claim. That is, Plaintiff has failed to

allege facts showing that Defendant Miller employed pepper spray

maliciously and sadistically for the purpose of causing harm. Moreover, the

facts alleged support the conclusion that Miller used pepper spray on Plaintiff

to restore discipline. Plaintiff, therefore, has failed to state a claim for relief

under the Eight Amendment based on the use of excessive force. Defendant

Miller will, therefore, be dismissed on initial review.

B. Failure to Punish

Plaintiff alleges that Defendants Wise and Gibbs violated his Eighth

Amendment rights by failing to punish Defendant Miller in response to

Plaintiff’s grievances. Plaintiff, however, has no constitutional right to have

an officer allegedly responsible for his injuries internally punished or

sanctioned by the officer’s supervisors or by the officer’s correctional facility.

As such, even if Defendant Miller did violate Plaintiff’s Eighth Amendment

rights by using excessive force on Plaintiff, Defendants Wise and Gibbs are

not liable under § 1983 for not punishing Defendant Miller after the fact.

As such, Plaintiff has failed to state a claim for relief against any

Defendant and they will all be dismissed as Defendants on initial review in

this matter.

IV. CONCLUSION

In sum, Plaintiff has failed to state a claim upon which relief may be

granted under § 1983 against any Defendant.

The Court will allow Plaintiff thirty (30) days to amend his Complaint, if

he so chooses and if the facts support such amendment. Any Amended

Complaint will be subject to all timeliness and procedural requirements and

will supersede the Complaint. Piecemeal amendment will not be permitted.

Should Plaintiff fail to timely amend his Complaint in accordance with this

Order, this action will be dismissed without prejudice and without further

notice to Plaintiff.

ORDER

IT IS, THEREFORE, ORDERED that Plaintiff shall have thirty (30)

days in which to amend his Complaint in accordance with the terms of this

Order. If Plaintiff fails to so amend his Complaint, the matter will be

dismissed without prejudice.

IT IS FURTHER ORDERED that all Defendants are DISMISSED as

Defendants in this matter.

The Clerk is respectfully instructed to mail Plaintiff a blank prisoner

Section 1983 form.

IT IS SO ORDERED.

Signed: October 3, 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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