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 FNU Snipes and FNU Stanback.
(Doc. No. 27). Plaintiff has not responded to the motion, and
the time to do so has passed.
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. 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.).
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.
Plaintiff did not respond to the summary judgment, the Court
has before it only the following allegations made in
Plaintiff's verified Complaint:
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
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.
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.
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.
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
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.
Stanback did not intervene to prevent Snipes unwarranted
assault against plaintiff.
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, ...