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 Complaint, (Doc. No. 1), and on his motion
for the appointment of counsel, (Doc. No. 2). Plaintiff has
paid the full filing fee. See (Doc. No. 1).
se Plaintiff Bucky Nathan Manuel has filed a civil
rights suit pursuant to 42 U.S.C. § 1983 against the
following Defendants in their official capacities: Director
of the Department of Public Safety (“DPS”)
Kenneth Lassiter; Mountain View Correctional Institution
Superintendent Mike Slagle; and Mountain View C.I.
Correctional Officers Burchfield and Winebarger.
construing the Complaint and accepting the allegations as
true, Plaintiff was working in the kitchen at Mountain View
C.I. on January 1, 2016, when Burchfield said that he wanted
to strip search Plaintiff and took him into the kitchen
stockroom. Instead of conducting a standard strip search,
Burchfield had Plaintiff partially disrobe, pointed at
Plaintiff's penis and said “That's nice, I like
that.” (Doc. No. 1 at 6).
next day January 2, 2016, Burchfield took Plaintiff to the
kitchen stockroom and ordered him to partially disrobe.
Plaintiff told Burchfield that the behavior was inappropriate
and Burchfield replied that he could look at Plaintiff's
privates any time he wanted to as long as he
“didn't try to play with it.” (Doc. No. 6).
Plaintiff tried to file a Prison Rape Elimination Act
(“PREA”) complaint, Wineburger threatened him,
saying “Just forget about it, if you know what is good
for you.” (Doc. No. 1 at 6). All of Plaintiff's
rights concerning filing a PREA complaint were violated and
“a cover-up was attempted by staff.” (Doc. No. 1
at 5). In addition “[a]ll [Plaintiff's] right[s]
concerning filing a grievance were violated.” (Doc. No.
1 at 5). Burchfield and Winebarger both have histories of
sexual and racial complaints but Mountain View C.I. kept
“brushing it under the rug.” (Doc. No. 1 at 7).
filed a PREA action that was substantiated, and as a result
of which both Burchfield and Winebarger were fired.
was transferred to Harnett C.I. where a “racial hate
group” told Plaintiff that he “had to pay the
price” for getting their “brother”
Winebarger fired. (Doc. No. 1 at 7). “They”
busted Plaintiff's eye and made him pay them every week.
(Id.). Plaintiff was beaten and extorted for
approximately eight months at Harnett C.I. due to
Winebarger's connections to racial hate groups. Plaintiff
asked the Harnett C.I. “Admin” for some PREA
support personnel help but it was denied so the
“tor[ture]” continued. (Doc. No. 1 at 7).
was then transferred to Warren C.I. where he was approached
by several inmates who told him he could not stay in
“population.” (Doc. No. 1 at 7). Gang members
threatened Plaintiff in retaliation for Winebarger's
firing, and threw chairs and bowls of food at him. Plaintiff
spent over 40 days in segregation because gang members were
trying to kill him.
was forced to change his religion due to fear for his safety
and severe danger because he was trying to file a PREA on
Burchfield for sexual harassment.
suffered cruel and unusual punishment for over a year while
he lived in fear that he would be sexual assault, killed, or
injured, due to Burchfield's and Winebarger's
seeks damages in the amount of $250, 000, “all the
privileges, benefits that I would of earned and received if
none of this would of happened, ” the filing fee in
this action, and he appears to seek an injunction against
retaliation. (Doc. No. 1 at 8).
MOTION FOR THE ...