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Gifford v. Brown

United States District Court, W.D. North Carolina, Asheville Division

June 22, 2015

BRANDON LEE GIFFORD, Plaintiff,
v.
RICKY COLTON BROWN, et al., Defendants.

ORDER

FRANK D. WHITNEY, Chief 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)(2); 1915A. Also before the Court are Plaintiff's Motion to Appoint Counsel, (Doc. No. 10), and Plaintiff's Letter/Motion for Temporary Restraining Order, (Doc. No. 14). 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. 6). Thus, Plaintiff is proceeding in forma pauperis.

I. BACKGROUND

Pro se Plaintiff Brandon Lee Gifford, a North Carolina state inmate currently incarcerated at Craggy Correctional Center in Asheville, North Carolina, filed this action on October 30, 2014, pursuant to 42 U.S.C. § 1983.[1] In the Complaint, Plaintiff names as Defendants Ricky Colton Brown, identified as a Correctional Officer at the Henderson County Detention Center; Charles McDonald, identified as the Henderson County Sheriff; and the "Henderson County Jail." (Doc. No. 1 at 3). Plaintiff's claim arises out of an incident that allegedly occurred on October 21, 2014, at the Henderson County Detention Center while Plaintiff was incarcerated as a pre-trial detainee. Plaintiff purports to bring a claim for cruel and unusual punishment under the Eighth Amendment based on the following factual allegations:

On 10-21-14, correctional officer Ricky Colton Brown came over my intercom in my room and threatened to beat my physically. He kept on antagonizing me even though I was being totally submissive. Now I fear for my safety physically and I fear my liberty is in danger as I was threatened with more criminal charges if I'm not quiet about this whole thing.
Also upon arrival at the jail originally, I was placed in the special housing unit where I only get out for one hour per day. I have done nothing wrong to be placed in a unit with [sic] and given limited privileges as if I had committed some infraction, which I have not. I believe I should be allowed the same privileges as the rest of the inmates who have not committed any infraction of the rules.
This county holds anyone with a charge of a violent crime in the special housing unit violating our right to be considered innocent until proven guilty.
Also they do not recognize our right to a speedy trial per the U.S. Constitution. When a speedy trial is requested, the response is "we don't do that here."
Inmates with violent charges may (and do) sit in the special housing unit waiting up to three years for the county to hold a trial. These inmates are kept in jail for years without any bond and without any court date.

(Doc. No. 1 at 3-4). Plaintiff states that he seeks the following as relief:

I want the Court to grant me a monetary concession of $1, 000, 000 to order this county to cease these illegal practices (if the court feels they are illegal), and I want this higher court to order the charges against me dismissed.
I also request all safeties and protections under the Whistle Blowers Act and I would request this Court to grant an order that I be held in a county jail separate from this one for the duration of these proceedings.

(Id. at 4).

II. STANDARD OF ...


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