United States District Court, W.D. North Carolina, Statesville Division
TION L. BRADLEY, Plaintiff,
SUSAN WHITE, ET AL., Defendants.
D. WHITNEY CHIEF UNITED STATES DISTRICT JUDGE
MATTER is before the Court on initial review of
Plaintiff's Complaint, (Doc. No. 1). Plaintiff is
proceeding in forma pauperis. (Doc. No. 5).
se Plaintiff Tion Bradley has filed a civil rights suit
pursuant to 42 U.S.C. § 1983 against the following
Defendants in their official and individual capacities:
Alexander Correctional Institution Superintendent Susan
White, Alexander C.I. Assistant Superintendent Eric Dye, and
Alexander C.I. Unit Manger April Parker.
the Complaint liberally and accepting its allegations as
true, Plaintiff appears to allege that he fell in the shower
and suffered a sprained back on May 3, 2015, due to the
Defendants' negligent failure to provide a working light
and mat. While Plaintiff was unconscious, Sergeant Clifton
and staff carried him back to his cell and left him there
while unresponsive and handcuffed. A little while later,
Clifton and Lieutenant Triplett came to get the handcuffs.
(Doc. No. 1 at 7). Upon standing up, Plaintiff became
extremely dizzy and chose to lie back down. Plaintiff
informed Clifton and Triplett of his “medical
conditions” and instead of getting help, they put
together and extraction team which put him in full
restraints, removed legal mail from his cell and tore it up,
and failed to provide a bathroom break every eight hours as
dictated by policy.
filed a tort claim about falling in the shower and “it
seems like prison officials been out to get [him] ever
since.” (Doc. No. 1 at 9).
next day, May 4, 2015, Plaintiff informed Officer Gum that he
had used the bathroom on himself and asked that Parker be
notified. Parker came to Plaintiff's cell door and
Plaintiff notified her of his “conditions” (Doc.
No. 1 at 7). Parker said that Plaintiff “play[s] to[o]
much” and walked away, leaving Plaintiff in his urine
and feces. (Doc. No. 1 at 7). Officer Gum came into
Plaintiff's room three times to feed him that day because
of Plaintiff's dizziness. Plaintiff spent the whole day
lying in the same spot where Clifton and Triplett left him.
Nurse Bise and Officer Gum put a mat back in his cell that
Sergeant Clifton had removed and given to a White inmate.
5, Parker came to see a White inmate with feces all over the
walls and allowed him to shower. Parker only got Plaintiff
help after other African-American inmates became upset,
kicking and banging on doors, because Plaintiff had not been
given any help. A doctor was summoned, said Plaintiff had a
sprained back, and set an appointment for an x-ray which
“staff” refused to let him attend. (Doc. No. 1 at
morning of June 21, 2015, Officers Snyder and Rodriguez, and
Sergeant Collier conducted a cell search. They took all
Plaintiff's legal mail dealing with the tort claim about
the shower. (Doc. No. 1 at 9).
is allergic to carrots and pineapple so he was placed on a
special diet containing no processed meat, carrots, or
pineapple. When Plaintiff refused to eat processed meat that
he was erroneously given, staff refused to correct the error
and he was placed on Nutraloaf on Jun 29, 2015. (Doc. No. 1
at 14). Plaintiff told “prison officials” he was
not eating until they gave him real food but that never
happened so Plaintiff went on a hunger strike. (Doc. No. 1 at
2, 2015, Plaintiff passed out in the recreation cage due to
low blood sugar. Instead of taking him to medical for
observation, they carried him back to his cell and later
checked his blood sugar which was 35, and took his personal
property. Sergeant Johnson, Parker and “everyone on
that shift” stood around while the property was removed
from his cell. (Doc. No. 1 at 14). “Staff” lost
property including his family pictures and prayer rug. (Doc.
No. 1 at 14). Plaintiff's property was returned on July
6, 2015, from Officers Setter and Coldwell, who informed him
that no DC-160 property receipt form was completed and that
records indicated that Plaintiff had already received his
next day, July 3, 2015, Plaintiff was in restricted housing
run by Parker when he passed out in his cell due to low blood
sugar. When Plaintiff went to the door to have his handcuffs
removed, Officers Collier, Daves and Snyder, and other
officers stood around his door, blocking the camera's
view, while Daves and Snyder twisted his wrist and slammed
his arm repeatedly in the food trap. (Doc. No. 1 at 11).
Plaintiff was yelling “my hand is in a fist and I'm
not touching anyone. My hand is in a fist.” (Doc. No. 1
at 11). Collier, the shift supervisor, stood and watched as
his officers used excessive force through the cell door, then
Collier struck Plaintiff multiple times on his left arm.
(Doc. No. 1 at 12). The OIC was notified and came to take
pictures the same day, right before Plaintiff was placed in
full-restraints. Medical did not check on him for injuries.
(Doc. No. 1 at 12). The OIC, Captain Hamilton, came to take
his statement for the incident report. Plaintiff was not
written up until 20 days later after he wrote a grievance and
had his mother call the institution. Plaintiff was then
written up for assaulting an officer, which was done to
justify their wrongdoings. (Doc. No. 1 at 12). Plaintiff
feels these actions were strictly out of retaliation for
filing the tort claim.
August 4, 2014, Officers Ishbell and Baker came to get
Plaintiff for the disciplinary hearing. Collier tried to
start a conversation but Plaintiff asked him not to speak to
him. While Plaintiff was at the hearing, Collier and/or
Johnson searched Plaintiff's cell and ripped up his legal
statement about being hit, flushed his “religious
oils” down the toilet, and tore up one or two
magazines, and personal books he is allowed to have. (Doc.
No. 1 at 12). Plaintiff came back from the disciplinary
hearing, saw that his belongings were scattered and ripped
up, and asked for Officer Isbell to place him back in full
restraints and get the OIC. Captain Maynor came to see
Plaintiff, who explained about his destroyed belongings.
Plaintiff was not written up for having contraband so there
was no reason for prison officials to destroy his property.
Maynor said he would fix the situation and instructed
Plaintiff to write a grievance. Plaintiff did so but nothing
happened. Collier's actions were retaliatory.
August 27, 2015, Plaintiff found blood coming out of his
backside during wash-up and declared a medical emergency.
Nurse Schilling and prison officials Baker and Isabell
laughed at Plaintiff's condition. Plaintiff asked them to
leave and to speak to the OIC because he had a serious
condition and their laugher was unprofessional. When the OIC
showed up, Plaintiff submitted to handcuffs so prison
officials could remove his personal property “because
it was said that I used profane language when I only wanted
medical attention for a serious matter.” (Doc. No. 1 at
15). “Prison officials” including Johnson placed
him in a shower and demanded that he remove his clothes.
Plaintiff refused so they formed an extraction team to force
him to undress. Plaintiff finally took off his clothes
because he was afraid he would be beaten.
Prison Rape Elimination Act (“PREA”)
investigation started on August 27, 2015. Plaintiff was
interviewed. Johnson, who was not supposed to be involved in
the investigation, falsely stated that other inmates refused
to be interviewed in order to cover up prison officials'
wrongdoings and unprofessional actions. (Doc. No. 1 at 16).
August 28, 2015, Plaintiff was written up for having a ball
of plastic wrap and “holding the trap, ” which he
did not do. (Doc. No. 1 at 16). Plaintiff asked prison
officials to place him back in full restraints while he
waited for the OIC. Prison officials left his trap open;
“it was said they came to get my property due to
profane language but prison officials realized that
wasn't good of enough reason to force me to get
naked.” (Doc. No. 1 at 16).
September 24, 2015, Officer White grabbed Plaintiff's
backside during a pat-down. “Other prison
officials” claimed that they did not see it happen, but
every officer takes up for the other even when the officer is
wrong. (Doc. No. 1 at 17). Officer White had done the same
thing to another inmate in 2013. Something should have been
done to prevent this from happening a second time. Plaintiff
wrote to Superintendent White, Assistant Superintendent Dye,
and Mr. Poteat but nothing has been done. He wrote a
grievance on the situation but nothing happened and Officer
White is still on the unit. White and Dye both have enough
“say so” to have Officer White moved off the
unit. (Doc. No. 1 at 17).
November 13, 2015, Officer Cook called Plaintiff
“nigger” in the hallway and spoke to him in a
sarcastic manner. (Doc. No. 1 at 18). Sergeant Johnson said
he did not care and refused to get the OIC until other
inmates began to “act out.” (Id.).
Lieutenant Beaver came to the cell and told Plaintiff to
write it up. Plaintiff did so but nothing happened. On
November 22, 2015, Clawson called Plaintiff
“bitch” and called him “nigger” twice
for no reason. (Doc. No. 1 at 19). Plaintiff asked to see the
OIC and wrote a grievance.
March 7, 2016, Officer Johnson slammed Plaintiff's hand
inside the trap as Plaintiff was reaching for his lunch tray.
Moments later, Lieutenant Clifton, Unit Manager Poteat, and
Officers Baker, Caldwell and Clawson came to put Plaintiff in
restraints and remove his personal property. When Plaintiff
received his property back he discovered that a lot of it was
destroyed or missing. Plaintiff returned his property to
Officer Rorack and asked to speak to the unit manager.
Clawson, who Plaintiff had written up for racial slurs, was
on the DC-160 as well as the officer who inventoried the