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McMillan v. Snipes

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

February 16, 2017

RASSAN OMAR MCMILLAN, Plaintiff,
v.
FNU SNIPES, et al., Defendants.

          ORDER

          Frank D. Whitney, Chief United States District Judge

         THIS MATTER comes before the Court on a Motion for Summary Judgment by Defendants FNU Snipes and FNU Stanback. (Doc. No. 27). Plaintiff has not responded to the motion, and the time to do so has passed.

         I. BACKGROUND

         A. Procedural Background

         Pro se Plaintiff Rassan McMillan, an inmate in the custody of the North Carolina Department of Public Safety (“NCDPS”), filed this Complaint against moving Defendants Snipes, Stanback, and others on September 4, 2015.[1] Plaintiff alleges that Defendants used excessive force against him in violation of Plaintiff's Eighth Amendment rights. (Doc. No. 1 at 17). Plaintiff also alleges that these Defendants failed to intervene to protect Plaintiff from the excessive force used against him. (Id.). Plaintiff also purports to bring state law claims of assault and battery against these Defendants. (Id.). Plaintiff seeks monetary damages and injunctive relief. (Id.).

         Defendants filed the pending summary judgment motion on October 14, 2016. (Doc. No. 27). On October 21, 2016, this Court entered an order in accordance with Roseboro v. Garrison, 528 F.2d 309 (4th Cir. 1975). (Doc. No. 33). Plaintiff has not responded to the motion for summary judgment and the time to do so has passed.

         B. Factual Background

         1. Plaintiff's Allegations

         Because Plaintiff did not respond to the summary judgment, the Court has before it only the following allegations made in Plaintiff's verified Complaint:

         On February 8, 2015, the plaintiff was a prisoner housed at Lanesboro on Richmond Unit in segregation. On February 8, 2015, at or around 17:30 to 18:30 hours while serving dinner trays, plaintiff informed defendant Snipes that he wanted to declare an inmate medical emergency and defendant Snipes alleged that he would not report plaintiff's medical emergency.

         When retrieving the dinner trays defendant Snipes came to plaintiff's door to retrieve[] his food tray and informed plaintiff that he would be seen by nursing staff regarding her earlier complaint, but no nursing staff responded to it if they were properly informed.

         As first shift began to end, Defendant Stanback entered plaintiff's housing pod A-block for an hourly routine of [INME] assessment for all prisoners. While defendant performed his assessment plaintiff confided in defendant an intention to commit suicide if he didn't speak with an [officer in charge] regarding his medical complaint.

         Defendant Stanback informed defendant John Doe (who is not the normal sergeant for this particular rotation) and defendant John Doe later entered plaintiff's housing pod A-block and came to plaintiff's cell door (appearing irate with plaintiff by his disposition) and told plaintiff to wait 10 to 15 minutes before he attempted to commit suicide, because his shift was ending and [he] wanted to go home as soon as possible then left the pod.

         Defendants Snipes and Stanback then returned to plaintiff's cell door and instructed him to stick his hands through the wicket trap door of his cell to be handcuffed and removed from his cell under the impression that he would be taken to medical for his complaint. Because Snipes told plaintiff that was why he and defendant Stanback were taking him out of his assigned cell.

         Upon plaintiff's cooperation with defendant's direct orders to submit to hand restraints, when sticking his hands through the wicket door, defendant Snipes viciously slammed the wicket door against plaintiff's hands, wrist, and arms without provocation.

         Defendant Stanback did not intervene to prevent Snipes unwarranted assault against plaintiff.

         Defendant Stanback then remained outside plaintiff's cell, while defendant Snipes exited A-pod eagerly proclaiming that he was going to have the plaintiff push the shield (a term used for several correctional officers dressed in full body armor, with plastic batons, ...


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