United States District Court, W.D. North Carolina, Charlotte Division
WILLIAM D. BULLARD, Plaintiff,
FNU SNIPES, 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. 6).
se Plaintiff William D. Bullard filed a civil rights
suit pursuant to 42 U.S.C. § 1983 on February, 2016,
addressing incidents that allegedly occurred at the Lanesboro
Correctional Institution at Polkton, North
Carolina. He has named as Defendants the following
Lanesboro C.I. employees: Correctional Officer FNU Snipes and
FNU Heh, Sergeant FNU Pressley, and Nurse FNU Kapull.
construing the Complaint and accepting the allegations as
true, Plaintiff was placed in a holding cell after an
“incident” in F-Block on August 27, 2015, while
he was waiting to see “mental health.” (Doc. No.
1 at 5). Plaintiff spoke to Sergeant Allen about
“officers and him being threatened” on F-Block,
about which Plaintiff had sent several requests to the unit
manager and assistant superintendent. (Doc. No. 1 at 5).
Allen told Plaintiff he would be moved to A-Block and
Plaintiff agreed. However, after Plaintiff finished with
mental health, Allen took him back to the holding cell and
told him he was going back to F-block pursuant to Unit
Manager Hartley's instructions. Plaintiff refused but was
told he was going “one way or another.” (Doc. No.
1 at 5). Hartley, Allen and several officers came to the
holding cell while Hartley held a video camera. Plaintiff
attempted to pull the waist chain from around his waist but
the officers put the chain back around him. The
“roughly” pushed Plaintiff against the wall
“due to him resisting” and he somehow got a
bleeding cut over his eye. (Doc. No. 1 at 5-6). Officer
Snipes came from another unit and put a spit mask over
Plaintiff's face even though he was not spitting, and
punched Plaintiff's face while smiling. Sergeant Phalemon
told Snipes to stop because it was being recorded. (Doc. No.
1 at 6).
Hasenwall from mental health saw what was happening and
decided to have Plaintiff brought to “main
medical.” (Doc. No. 1 at 6). Officers pushed Plaintiff
up against the wall and Snipes made “disrespectful
comments” to him. (Doc. No. 1 at 6). After
“they” roughly slammed Plaintiff onto the floor,
Officer Heh kicked his face three times. Officer Rodka was
standing beside Heh when this happened. (Doc. No. 1 at 6).
Officer Snipes punched and hit Plaintiff several times while
he was on the ground. After Plaintiff was strapped to a
stretcher and was being carried down the hallway toward main
medical, Plaintiff attempted to take off the spit mask.
Snipes grabbed the mask and punched Plaintiff's face
again. (Doc. No. 1 at 7).
medical, Plaintiff was put in an observation room where
Pressley and Officer Holder held him in a corner while
Pressley choked him with her hand, which left visible marks
on his neck. Plaintiff was restrained on a bed by his legs
and right arm while “they” were attempting to
secure his left leg. Snipes kneed Plaintiff in the face two
times as Pressley stood nearby. Snipes tried to knee
Plaintiff's face a third time but Plaintiff was able to
move and said “Snipes stop kneeing me in my
face.” (Doc. No. 1 at 7).
left hip and nose were badly bruised and swollen, he had a
black eye and cuts to his face, and he was not able to really
walk on his left leg. (Doc. No. 1 at 11).
the nurse brought Plaintiff his night medication, he
described what happened and told her that his nose and hip
were hurting, and that he felt his nose was fractured. Nurse
Kapull said they would see him once someone came to go into
the room with her. Plaintiff said an officer was already with
her but she did not say anything. She looked at the back of
Plaintiff's neck and his face and said “yeah, your
nose is bruised bad, ” and left. (Doc. No. 1 at 8).
Plaintiff tried to get “custody” to tell
“medical staff” he needed to be medically
screened due to the use of force and his injuries but he was
not seen by medical for screening that night. (Doc. No. 1 at
next morning, August 28, 2015, Dr. Hasenwall came to see
Plaintiff and he told her he was hurting, injured, and had
not been medically screened the night before. Dr. Hasenwall
arranged for medical to see him. Sergeant Williams and
Officer Ferguson came to take Plaintiff to see the nurse.
Plaintiff could not put pressure on his left leg due to his
hip injury so they assisted him to see Head Nurse Hopkins and
Nurse Toten. Plaintiff told the nurses what happened and they
saw that his hip was bruised and swollen. Nurse Hopkins
thought it might be fractured so he sent him to the hospital
for x-rays due to his hip and facial injuries. (Doc. No. 1 at
Kiker and Billpus took him to the hospital in Union County
where Plaintiff got x-rays and a CAT scan which were negative
for broken bones. (Doc. No. 1 at 9). The doctor said it was
just bad bruising and told Plaintiff not to put pressure on
the hip, to keep ice packs on his hip and face, and to take
ibuprofen for pain.
Plaintiff returned to Lanesboro C.I., he talked to Dr.
Hasenwall who spoke to Mr. Beaver about being moved to
another block. Mr. Beaver and Mr. Hartley told Plaintiff he
was moving to A-Block and he was escorted back to the unit in
were never taken of Plaintiff's injuries even though he
requested pictures several times.
still has visible bruises from his injuries. (Doc. No. 1 at
11). Plaintiff wrote his statement on September 4, 2015,
wrote down inmate witnesses, and asked for statements but
“they” never ...