United States District Court, W.D. North Carolina, Asheville Division
D. WHITNEY, CHIEF UNITED STATES DISTRICT JUDGE
MATTER is before the Court on initial review of Plaintiff s
Amended Complaint pursuant to 28 U.S.C. § 1915(e) and
§ 1915A, (Doc. No. 13), on Plaintiffs Motion for
Preliminary Injunction, Motion for Temporary Restraining
Order, (Doc. No. 12), and on Plaintiffs Motion to Appoint
Counsel, (Doc. No. 15). On April 4, 2016, the Court entered
an order waiving the initial filing fee and directing monthly
payments to be made from Plaintiffs prison account. (Doc. No.
6). Thus, Plaintiff is proceeding in forma pauperis.
Plaintiff Levon Todd is an inmate of the State of North
Carolina, currently incarcerated at Mountain View
Correctional Institution in Spruce Pine, North Carolina.
Plaintiff filed his Amended Complaint on September 9, 2016,
pursuant to 42 U.S.C. § 1983, naming the following
persons as Defendants: Susan White, identified as the
Superintendent of Mountain View at all relevant times; Mike
Slagle, Assistant Superintendent of Mountain View at all
relevant times; Defendants FNU Grant, FNU Frank, FNU Wiseman,
FNU Benefield, FNU Holiman, and FNU Huggins, all identified
as correctional officers at Mountain View at all relevant
times; Norma Melton, identified as the head nurse at Mountain
View at all relevant times; and unnamed correctional officers
at Mountain View who held the position of
transportation/correctional officers at all relevant times.
(Doc. No. 1 at 2-3). Plaintiff purports to bring numerous
claims against Defendants, and he has sued them in both their
individual and official capacities. Specifically, Plaintiff
alleges the following:
Plaintiff is an insulin dependent type-2 diabetic. November
2013, Plaintiff was American Disabilities Act (ADA) approved
while housed at Mountain View Correctional. . . . Starting a
year prior and leading to the filing of the complaint. The
Plaintiff has been in contention with the administration and
specifically Defendant White concerning the Plaintiffs
efforts to practice his Islamic faith at Mountain View
Correctional. Defendant White went so far as to state to the
Plaintiff "Be sure this is the road you want to go down.
Because if that is your choice I promise you as long as
I'm superintendent of this institution it will be a hard
and bumpy road."
Not long following the independent incident with Defendant
White, the Plaintiff started being denied his right to eat
following his insulin incident where he received insulin
before every meal. Defendants Grant, Frank, Holiman,
Benefield, and Wiseman limited the Plaintiff s time to eat to
one minute or denied him the chance to eat at all. This took
place over two dozen times. The Plaintiff has heard himself
called a "terrorist" and a "Muslim"
numerous times by the Defendants as he was leaving the dining
hall without eating.
On one occasion, after the Plaintiff was refused the
opportunity to eat the Plaintiff approached Defendant Captain
Huggins, explaining to him that he had just taken his insulin
and there was a medical need for him to eat. Defendant
Huggins replied, "I think you been here long enough to
know we did not explain anything to you kind. You have two
choices keep moving or say one more word and go to
segregation. But regardless of what choice you decide you are
not going to eat." On March 25, 2014, and March 26,
2014, while taking his daily insulin shot, Plaintiff
complained to Defendant Melton specifically about
excruciating headaches, blurred vision, loss of balance,
numbness, and tingling of limbs. The Plaintiffs complaints
were to no avail.
On March 27, 2014, Plaintiffs complaining was witnessed by
then officer in charge Captain Whittington suggested calling
(EMS) an ambulance.
Defendant Melton contacted Defendant Slagle who arranged
contrary to Capt. Whittington suggestion for the Plaintiff to
be transported by institutional transportation officers.
The Plaintiff was placed in full restraints by Defendant
Smith. The handcuffs were so tight they cut into the
Plaintiffs wrist resulting in swelling and discoloration in
the Plaintiffs hands.
The Plaintiff repeatedly pleaded with Defendant Smith to
loosen the cuffs. Defendant Smith refused to comply. Upon
Sgt. Rebecca Dale seeing the condition of the Plaintiffs
wrist and hands immediately adjusted them herself.
The Plaintiff was transported to Spruce Pines Hospital. The
hospital then immediately determined the Plaintiff was
suffering from a massive stroke.
The Plaintiff was placed in an ambulance and transported to
Grace Hospital in Morganton, North Carolina, where he stayed
for four days.
Upon leaving Grace Hospital, Defendants unknown correctional
officers fully restrained Plaintiff who had little or no use
of his limbs at said times. And instead of using a wheelchair
to transport the Plaintiff, the Defendant drag Plaintiff from
transport vehicle to Central ...