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Aiken v. Hall

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

December 1, 2017

JAY JUNIOR AIKEN, Plaintiff,
v.
CHIP L. HALL, et al., Defendants.

          ORDER

          Frank D. Whitney, Chief United States District Judge

         THIS MATTER is before the Court on initial review of Plaintiff's Complaint pursuant to 28 U.S.C. § 1915(e) and § 1915A, (Doc. No. 1). On October 31, 2017, the Court entered an order waiving the initial filing fee and directing monthly payments to be made from Plaintiff's prison account. (Doc. No. 9). Thus, Plaintiff is proceeding in forma pauperis.

         I. BACKGROUND

         Pro se Plaintiff Jay Junior Aiden is a Georgia prisoner incarcerated at Central State Prison in Macon, Georgia. Plaintiff filed this action on April 3, 2017, pursuant to 42 U.S.C. § 1983, naming the following four Defendants: (1) Chip Hall, identified as the Sheriff of Jackson County, North Carolina; (2) Linda LNU, identified as a nurse at the Jackson County Detention Center, in Sylva, North Carolina; (3) Charlie LNU, identified as an officer at the Jackson County Detention Center; and (4) John Buchanan, identified as a captain at the Jackson County Detention Center. Plaintiff appears to allege that, while he was incarcerated as a pre-trial detainee at the Jackson County Detention Center, Defendants violated his constitutional rights by deliberately ignoring his serious medical needs and by subjecting him to unconstitutional conditions of confinement.

         Plaintiff alleges the following facts in the Complaint to support his claims against Defendants:

Starting from the date arrested I had (5) give grand mal seizures which I had to be taken to the hospital and placed in I.C.U. unit until I return to Jackson County Detention Center. I have had one heart attack at Jackson County Detention Center and nurse Linda RN refused to take or call an ambulance for medical emergency. Since then I have had two more in Georgia where I had 2 triple bypass open heart surgery by Dr. Fady S. Wanna, MR, in Macon Georgia at center called Navicent Health under cardiothoracic surgery center. At Jackson Detention Center my heart beat was very slow, and my blood pressure was 38 over 57. Their E.K.G. machine did not work and after two hours in the medical room I was return[ed] to the holding cell in booking.
On May 1, 2016 to May 10, 2016 I begged to officers for a shower. I asked both shifts for (9) nine days. I had to speak to the captain Mr. John Buchanan for help while he was standing in booking. He Captain Buchanan advise officer Steve to get me some clean cloth[es] and to give me a shower. For over a month, starting March of 2016 to May of 2016 staff at Jackson County Detention Center refused me proper hygiene, clothing, chemicals to clean my cell room in booking and number two (2).
I was moved to G pod which only after two weeks I had five more seizures where officer Moose demanded for a ambulance because I was throwing up and severely shaking. I had had over 25 seizures at the Jackson County Detention Center but only sent to the hospital twice (2) two times. The main issue of this 42 U.S.C. 1983 is I was truly treated like an animal while housed at Jackson County Detention Center . . . .

         (Doc. No. 1 at 3-4). For relief, Plaintiff states that he asks

that the court look into the treatment of inmates at this facility that I be allowed to bring my complaint in a trial for the cruel and unusual treatment I received while housed at Jackson County Detention Center. Also I be rewarded a judgment of 1 million dollars for pain and suffering. That a trial be ordered by this honorable court so I can present my case.

(Id. at 4).

         II.STANDARD OF REVIEW

         Because Plaintiff is proceeding in forma pauperis, the Court must review the Complaint to determine whether it is subject to dismissal on the grounds that it is “frivolous or malicious [or] fails to state a claim on which relief may be granted.” 28 U.S.C. § 1915(e)(2). Furthermore, § 1915A requires an initial review of a “complaint in a civil action in which a prisoner seeks redress from a governmental entity or officer or employee of a governmental entity, ” and the court must identify cognizable claims or dismiss the complaint, or any portion of the complaint, if the complaint is frivolous, malicious, or fails to state a claim upon which relief may be granted; or seeks monetary relief from a defendant who is immune from such relief. In its frivolity review, this Court must determine whether the Complaint raises an indisputably meritless legal theory or is founded upon clearly baseless factual contentions, such as fantastic or delusional scenarios. Neitzke v. Williams, 490 U.S. 319, 327-28 (1989).

         III. ...


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