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Todd v. White

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

January 31, 2017

LEVON TODD, Plaintiff,
v.
SUSAN WHITE, et al., Defendants.

          ORDER

          FRANK D. WHITNEY, CHIEF UNITED STATES DISTRICT JUDGE

         THIS 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.

         I. BACKGROUND

         Pro se 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 ...

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