United States District Court, W.D. North Carolina, Charlotte Division
D. Whitney Chief United States District Judge.
MATTER comes before the Court on a Motion for Summary
Judgment by Defendants Johnathon Holder, Oscar Martinez,
Anthony Snipes, Tahjia Chapman, and Sally
Triplett. (Doc. No. 50). Also pending before the
Court is Defendants' Motion for Protective Order and
Objection to Discovery Request, (Doc. No. 41).
August 31, 2015, Plaintiff William Thomas, a North Carolina
prisoner currently incarcerated at Alexander Correctional
Institution, filed a Complaint against Defendants pursuant to
42 U.S.C. § 1983, alleging that he was subjected to an
excessive use of force on June 9, 2014, while he was
incarcerated at Lanesboro Correctional Institution. (Doc. No.
1). On October 22, 2015, this Court ruled that the
allegations in Plaintiff's Complaint were sufficient to
satisfy the Court's frivolity determination against
Defendants Triplett, Russell, Holder, Martinez, Chapman, and
Snipe. (Doc. No. 10). Plaintiff's claims against the
other defendants were dismissed. (Id. at 5).
November 18, 2016, Defendants Triplett, Holder, Martinez,
Chapman, and Snipe filed the pending motion for summary
judgment. (Doc. No. 50). On November 29, 2016, this
Court entered an order in accordance with Roseboro v.
Garrison, 528 F.2d 309 (4th Cir. 1975), advising
Plaintiff of the requirements for filing a response to the
motion for summary judgment and of the manner in which
evidence could be submitted to the Court. (Doc. No. 53). On
December 1, 2016, Plaintiff filed a three-page response to
the summary judgment motion, in which he did not present any
evidence to rebut Defendants' evidence on summary
judgment. (Doc. No. 54). Instead, he complained only that
Defendants had not responded in full to his discovery
requests. On, December 7, 2016, Defendants filed a Reply, in
which they state that Defendants provided Plaintiff with
objections and discovery responses on November 1, 2016. (Doc.
The Alleged Excessive Force Incident and the Summary
support of his excessive force claims, Plaintiff alleges the
following in his verified Complaint:
[O]n . . . 6-9-14 at approximately 12:30 pm [Plaintiff] was
being escorted to lower richmond from upper richmond E pod.
Defendants Sgt. Triplett, c/o Martinez, c/o Snipe, and c/o
Holder initiated the use of excessive force upon him.
While walking Plaintiff alleges he informed Sgt. Triplette
and c/o Snipe, and c/o Martinez, and c/o Holder that the
handcuffs were too tight and he also had prior shoulder
injury which was in pain and needed relief. And [Plaintiff]
was ignored and then attempted to adjust his arm/shoulder
position to relieve his pain.
Plaintiff alleges that then said defendants threw him on the
floor in the hallway and began to knee him, elbow him, kick
him, and stomp on him. C/o Holder knee-dropped him in his
side multiple times and the side of his face and head-c/o
Martinez was also elbowing him while jacking the handcuffs in
a position that would cause pain to plaintiff's wrist and
arms as his hands were behind his back. C/o Snipe was
kneeling into [Plaintiff's] chest and [Plaintiff]
complained of not being able to breathe. C/o Chapman and Sgt.
Triplett kicked and stomped [Plaintiff] while the others used
this malicious force. Then put ankle shackles on
[Plaintiff's] ankles so tight that they tore into his
flesh and to assure that it would tear his skin. They took
[Plaintiff's] socks and forced inmate to walk bare-footed
down the hallway toward anson unit.
[Plaintiff] . . . was stripped in the anson hallway booth and
was beaten in arson hallway and inside the nurse's
station. Then taken to the rec cages on lower Richmond
outside and beaten again (Sgt. Triplett, Sgt. Russell, c/o
Holder & c.o Chapman physically attempting to strip
inmate while cuffed and assaulted inmate).
While held on Richmond [Plaintiff] complained of injury and
was ignored not being adequately examined his emergency
(Doc. No. 1 at 2-3). Based on the above factual allegations,
Plaintiff alleges that Defendants Triplett, Russell, Holder,
Martinez, Chapman, and Snipe used excessive force against him
in violation of his Eighth Amendment rights. (Id. at
4). Plaintiff further alleges that these Defendants are also
liable for failing to intervene and protect Plaintiff from
the excessive force while each of the other officers used
excessive force against him. Plaintiff seeks declaratory and
injunctive relief, as well as compensatory and punitive
damages. (Id. at 4-5).
Defendants' Summary ...