Opinion

Lane v. Green

Court
District Court, N.D. Ohio
Filed
Jan 6, 2022
Cited by
0 cases
Authority
More cited than 28.0%

The opinion

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF OHIO

EASTERN DIVISION

VINCENT R. LANE, ) CASE NO. 5:21-cv-1377

)

)

PLAINTIFF, ) JUDGE SARA LIOI

)

vs. ) MEMORANDUM OPINION

) AND ORDER

DAVE GREEN, et al., )

)

)

DEFENDANTS. )

Pro se plaintiff Vincent R. Lane (“Lane” or “plaintiff”) filed this action under 42 U.S.C §

1983 against Oriana House and Instructor Dave Green (“Green”) (collectively, “defendants”). In

the complaint, plaintiff alleges Green repeatedly asked him to leave a class and then wrote him up

for violations. Lane also claims Oriana Staff denied him insulin. He claims these actions violated

his civil rights. Lane seeks monetary damages and injunctive relief.

Lane also filed an application to proceed in forma pauperis (Doc. No. 2). That application

is granted.

I. Background

Lane’s complaint appears to have two claims. The first claim is asserted against Green.

Lane indicates Green teaches a class called “Thinking for Change.” Lane claims Green was

verbally and mentally abusive to students who did not agree with his ideology, forced Lane to

participate in mental health skits against his will under threat of being written up for a violation,

and repeatedly asked him to leave the classroom but then expected him to complete homework

assigned in class that day. Lane alleges Green had classroom rules, including the rule that students

are not permitted to go to the restroom during class time, which allegedly caused Lane to urinate

on himself. Lane’s second claim is asserted against Oriana House. He claims that Oriana House

staff denied him insulin, and he further claims that his blood sugar was very high, causing him to

suffer damage to his kidneys and a confused mental state. He asserts that these are all violations

of his civil rights.

II. Standard of Review

Although pro se pleadings are liberally construed, Boag v. MacDougall, 454 U.S. 364, 365,

102 S. Ct. 700, 70 L. Ed. 2d 551 (1982) (per curiam); Haines v. Kerner, 404 U.S. 519, 520, 92 S.

Ct. 594, 30 L. Ed. 2d 652 (1972), the Court is required to dismiss an in forma pauperis action under

28 U.S.C. § 1915(e) if it fails to state a claim upon which relief can be granted, or if it lacks an

arguable basis in law or fact. Neitzke v. Williams, 490 U.S. 319, 109 S. Ct. 1827, 104 L. Ed. 2d

338 (1989); Lawler v. Marshall, 898 F.2d 1196 (6th Cir. 1990); Sistrunk v. City of Strongsville, 99

F.3d 194, 197 (6th Cir. 1996). A claim lacks an arguable basis in law or fact when it is premised

on an indisputably meritless legal theory or when the factual contentions are clearly baseless.

Neitzke, 490 U.S. at 327. A cause of action fails to state a claim upon which relief may be granted

when it lacks plausibility in the complaint. Bell Atl. Corp. v. Twombly, 550 U.S. 544, 564, 127 S.

Ct. 1955, 167 L. Ed. 2d 929 (2007).

A pleading must contain a short and plain statement of the claim showing that the pleader

is entitled to relief. Ashcroft v. Iqbal, 556 U.S. 662, 677–78, 129 S. Ct. 1937, 173 L. Ed. 2d 868

(2009). The factual allegations in the pleading must be sufficient to raise the right to relief above

the speculative level on the assumption that all the allegations in the complaint are true. Twombly,

550 U.S. at 555. The plaintiff is not required to include detailed factual allegations, but must

provide more than an unadorned, the defendant unlawfully harmed me accusation. Iqbal, 556 U.S.

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at 678. A pleading that offers legal conclusions or a simple recitation of the elements of a cause of

action will not meet this pleading standard. Id. In reviewing a complaint, the Court must construe

the pleading in the light most favorable to the plaintiff. Bibbo v. Dean Witter Reynolds, Inc., 151

F.3d 559, 561 (6th Cir. 1998).

III. Analysis

Lane fails to state a claim under 42 U.S.C. § 1983. Although Lane did not identify a

particular legal claim he is asserting against the defendants, it appears he may be attempting to

assert claims under the Eighth Amendment.

The Eighth Amendment imposes a constitutional limitation on the power of the states to

punish those convicted of crimes. Punishment may not be “barbarous” nor may it contravene

society’s “evolving standards of decency[.]” Rhodes v. Chapman, 452 U.S. 337, 346, 101 S. Ct.

2392, 69 L. Ed. 2d 59 (1981). The Eighth Amendment protects inmates by requiring that “prison

officials . . . ensure that inmates receive adequate food, clothing, shelter, and medical care, and

. . . ‘take reasonable measures to guarantee the safety of the inmates.’” Farmer v. Brennan, 511

U.S. 825, 832, 114 S. Ct. 1970, 128 L. Ed. 2d 811 (1994) (quoting Hudson v. Palmer, 468 U.S.

517, 526–27, 104 S. Ct. 3194, 82 L. Ed. 2d 393 (1984)). This, however, does not mandate that a

prisoner be free from discomfort or inconvenience during his or her incarceration. Ivey v. Wilson,

832 F.2d 950, 954 (6th Cir. 1987) (per curiam) (quoting Rhodes, 452 U.S. at 346). Prisoners are

not entitled to unfettered access to the medical treatment of their choice, see Hudson v. McMillian,

503 U.S. 1, 9, 112 S. Ct. 995, 117 L. Ed. 2d 156 (1992), nor can they “expect the amenities,

conveniences and services of a good hotel[.]” Harris v. Fleming, 839 F.2d 1232, 1235 (7th

Cir.1988); see Thaddeus-X v. Blatter, 175 F.3d 378, 405 (6th Cir. 1999) (concurrence) (quoting

Harris). In sum, the Eighth Amendment affords constitutionally minimum protection against

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conditions of confinement that constitute health threats, but does not address those conditions that

cause the prisoner to feel merely uncomfortable or that cause aggravation or annoyance. Hudson,

503 U.S. at 9–10 (requiring extreme or grave deprivation).

In Wilson v. Seiter, 501 U.S. 294, 298, 111 S. Ct. 2321, 115 L. Ed. 2d 271 (1991), the

Supreme Court set forth a framework for courts to use when deciding whether certain conditions

of confinement constitute cruel and unusual punishment prohibited by the Eighth Amendment. A

plaintiff must first plead facts which, if true, establish that a sufficiently serious deprivation has

occurred. Id. Seriousness is measured in response to “contemporary standards of decency.”

Hudson, 503 U.S. at 8. Routine discomforts of prison life do not suffice. Id. Only deliberate

indifference to serious medical needs or extreme deprivations regarding the conditions of

confinement will implicate the protections of the Eighth Amendment. Id. at 9. A plaintiff must

also establish a subjective element showing the prison officials acted with a sufficiently culpable

state of mind. Id. Deliberate indifference is characterized by obduracy or wantonness, not

inadvertence or good faith error. Whitley v. Albers, 475 U.S. 312, 319, 106 S. Ct. 1078, 89 L. Ed.

2d 251 (1986). Liability cannot be predicated solely on negligence. Id. A prison official violates

the Eighth Amendment only when both the objective and subjective requirements are met. Farmer,

511 U.S. at 834.

Lane has not alleged any facts suggesting his claims against Green are objectively serious.

He claims Green was verbally and mentally abusive to students who do not agree with his ideology.

He states Green forced him to participate in class skits against his will, asked him to leave the

classroom, and required homework from him on days he was excluded from class. He contends

Green refused to allow students to leave the classroom to go to the restroom, causing him to urinate

on himself. While these incidents are arguably annoying and embarrassing, they do not present a

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serious risk to Lane’s health and safety. Verbal harassment and offensive comments do not state

an Eighth Amendment claim. See Ivey, 832 F.2d at 955; Oltarzewski v. Ruggiero, 830 F.2d 136,

139 (9th Cir. 1987).

Lane’s claim that Oriana House staff members are denying him insulin does present an

objectively serious deprivation that could pose a significant risk to his health. Alleging a serious

deprivation, however, is only the first part of the Eighth Amendment inquiry. Lane must also allege

that the defendant acted with a sufficiently culpable state of mind. The subjective component

requires a showing that prison officials knew of, and acted with deliberate indifference to, an

inmate’s health or safety. Wilson, 501 U.S. at 302–03. Deliberate indifference “entails something

more than mere negligence[.]” Farmer, 511 U.S. at 835 (citing cases). This standard is met if “the

official knows of and disregards an excessive risk to inmate health or safety; the official must both

be aware of facts from which the inference could be drawn that a substantial risk of serious harm

exists, and he must also draw the inference.” Flanory v. Bonn, 604 F.3d 249, 253–55 (6th Cir.

2010) (citing Farmer, 511 U.S. at 837).

Here, Lane names the entire staff at Oriana House as a collective defendant without

identifying anyone in particular who made decisions that denied him his medication. To hold an

individual within that organization responsible for a constitutional violation, Lane must allege facts

suggesting that the individual was personally responsible for actions that form the basis of that

constitutional claim. Rizzo v. Goode, 423 U.S. 362, 371, 96 S. Ct. 598, 46 L. Ed. 2d 561 (1976);

Mullins v. Hainesworth, No. 95-3186, 1995 WL 559381 (6th Cir. Sept. 20, 1995). Simply naming

Oriana House staff is not sufficient to hold any individual employee personally liable. To hold the

organization liable, Lane must allege facts suggesting that the organization itself, and not its

employees acting on their own, committed the actions. That means Lane must to point to a policy

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or custom of Oriana House that employees followed when denying him insulin. See Monell v.

Dep’t of Soc. Servs., 436 U.S. 658, 690–91, 98 S. Ct. 2018, 56 L. Ed. 2d 611 (1978); Hays v.

Jefferson Cnty., Ky., 668 F.2d 869 (6th Cir. 1982); Bellamy v. Bradley, 729 F.2d 416, 421 (6th Cir.

1984). Lane does not include any facts suggesting that he was not given insulin due to a policy or

custom of Oriana House. Lane, therefore, has not met the pleading requirements for the subjective

component of an Eighth Amendment claim.

Finally, to the extent Lane intended to assert a claim other than one under the Eighth

Amendment, he failed to do so. Principles requiring generous construction of pro se pleadings are

not without limits. See Wells v. Brown, 891 F.2d 591, 594 (6th Cir. 1989); Beaudett v. City of

Hampton, 775 F.2d 1274, 1278 (4th Cir. 1985). A complaint must contain either direct or

inferential allegations respecting all the material elements of some viable legal theory to satisfy

federal notice pleading requirements. See Scheid v. Fanny Farmer Candy Shops, Inc., 859 F.2d

434, 437 (6th Cir. 1988). District courts are not required “to conjure up questions never squarely

presented to them[ . . . or] to construct full blown claims from sentence fragments[.]” Beaudett,

775 F.2d at 1278. To do so would “requir[e] . . . [the] courts to explore exhaustively all potential

claims of a pro se plaintiff, . . . [and] would . . . transform the district court from its legitimate

advisory role to the improper role of an advocate seeking out the strongest arguments and most

successful strategies for a party.” Id. at 1278. The facts alleged by Lane do not readily suggest that

he may have another claim.

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IV. Conclusion

For all the foregoing reasons, Lane’s motion to proceed in forma pauperis (Doc. No. 3) is

granted, and this action is dismissed pursuant to 28 U.S.C. § 1915(e). Pursuant to 28 U.S.C. §

1915(a)(3), an appeal from this decision could not be taken in good faith. Lane’s motion for a

protection order (Doc. No. 2) and defendants’ motion to dismiss (Doc. No. 5) are denied as moot.

IT IS SO ORDERED.

Dated: January 6, 2022 oi oe

HONORABLE SARA LIOI

UNITED STATES DISTRICT JUDGE

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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