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Ellenburg v. Henderson County Jail

United States District Court, Western District of North Carolina, Asheville Division

May 6, 2015

EDDIE ELLENBURG, Plaintiff,
v.
HENDERSON COUNTY JAIL, et al., Defendants.

ORDER

Frank D. Whitney, Chief United States District Judge

THIS MATTER is before the Court on initial review of Plaintiff’s Complaint, filed under 42 U.S.C. § 1983, (Doc. No. 1). See 28 U.S.C. §§ 1915(e) and 1915A. On December 10, 2014, the Court entered an order waiving the initial filing fee and directing monthly payments to be made from Plaintiff’s prison account. (Doc. No. 8). Thus, Plaintiff is proceeding in forma pauperis.

I. BACKGROUND

Pro se Plaintiff Eddie Ellenburg, a pre-trial detainee currently incarcerated at the Henderson County Detention Center, filed this action on November 5, 2014, pursuant to 42 U.S.C. § 1983. Plaintiff alleges that Defendants violated his right not to be subjected to cruel and unusual punishment under the Eighth Amendment to the U.S. Constitution based on alleged excessive force and deliberate indifference to serious medical needs. Plaintiff also alleges that he has been wrongly charged with various pending state crimes. In his Complaint, Plaintiff names as Defendants (1) the “Henderson County Jail”; (2) Greg Newman, identified as a “county prosecutor”; (3) Sheriff McDonald, identified as the Sheriff of Henderson County; and (4)

Shawn Brensen, identified as an officer at the Henderson County Detention Center.

The following allegations by Plaintiff are taken as true for the purpose of this initial review:

On October 16, 2014 at 0600 hours officers of the Henderson County Jail opened my cell door in the SHU along with another inmate’s cell. The other inmate came directly into my cell, jumped on me while in bed and proceeded to punch me about the head and neck area.
Thereafter an officer entered my cell and tazed me while I was still in my bed.
Officer Shawn Brensen.
I requested medical attention and was denied.
I’m now suffering panic attacks and waking up in cold sweats every time a door opens in the night (which is every 15 minutes).
To this day I have received no medical attention nor have I been seen by the psychology department.
Also the jail in concert has placed many very serious trumped up charges and false ...

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