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Mauney v. Burke County Sheriff's Office

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

October 31, 2019

BRADLEY L. MAUNEY, Plaintiff,
v.
BURKE COUNTY SHERIFF'S OFFICE, 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 [Doc. 1], filed under 42 U.S.C. § 1983. See 28 U.S.C. §§ 1915(e)(2); 1915A. The Plaintiff is proceeding in forma pauperis. [Docs. 2, 8].

         I. BACKGROUND

         Pro se Plaintiff Bradley L. Mauney (“Plaintiff”) is a North Carolina prisoner currently incarcerated at Piedmont Correctional Facility in Salisbury, North Carolina. He has filed suit under 42 U.S.C. § 1983 against the following Defendants: (1) Burke County Sheriff's Office; (2) Burke-Catawba District Confinement Facility (BCDCF); (3) FNU Bollinger, identified as a Corporal Detention Officer for the BCDCF; and (4) FNU Marshall, identified as a Sergeant Detention Officer for the BCDCF. [Doc. 1]. Plaintiff alleges that these Defendants violated his rights under the First, Eighth, and Fourteenth Amendments to the U.S. Constitution and under the Americans with Disabilities Act (ADA) and Section 504 of Rehabilitation Act (the “Rehab Act”). [Id. at 4].

         In support of these claims, Plaintiff alleges that following:

Plaintiff, Bradley L. Mauney who is deaf, was picked up at Guilford County Detention Center by Burke County Sheriff's Office to be transported to Burke-Catawba District Confinement Facility on Tuesday August 28th, 2018.
Upon arrival, around 7 pm, Plaintiff was placed in booking holding cell with twelve other men. Each one of them had chance to go out to use the telephone. When it was plaintiff's turn to use the telephone, the door was popped open, Plaintiff walked out and told Corporal Bollinger and Sergeant Marshall that he is deaf and wants to use the tty telephone[1] by signing “Telephone” with his hands.
Corporal Bollinger said “NO” and told plaintiff to get back in the holding cell, Mauney kept signing “telephone” to Corporal Bollinger and Sergeant Marshall, Corporal Bollinger came around the desk and started pushing me into holding cell, and I said “NO, ” I want to use the tty” Corporal Bollinger and Sergeant Marshall took me and turned me around and slammed handcuffs on my hands too tight and escort me down the hallway.
We came upon a padded cell, Corporal Bollinger and Sergeant Marshall took me in the room then they shove me down on the floor and slammed my head against the wall. Corporal Bollinger took handcuffs off my right hand and I brought my freed hand around to front to try to sign “telephone” and Sergeant Marshall mace sprayed me in the face.
Corporal Bollinger took my head and slammed against the wall and started slapping and punching at side of my head and then started stomping and kicking my left leg and feet while I was still on the floor. Corporal Bollinger also applied Mandibular Angle Nerve pressure onto behind of my right ear with thumb and took the handcuffs off my left hand.
I stood up and faced Corporal Bollinger and Sergeant Marshall. Then Sergeant Marshall pulled out his taser gun and pointed it my face and ordered me to strip down naked and took my clothes.
They left me in that padded room for approximately five hours still covered with mace spray all over my face. During that time, they came to look through the door window every fifteen minutes, I made numerous requests for a shower and drinking water to clean mace spray off my face, and they refused. I was half blind and burning for almost five hours.
Around One A.M. on Wednesday, August 29th, 2018, Corporal Bollinger came and got me out of padded cell and took me to shower to clean the mace spray off my face. Then put me in isolated cell till they took me to court that day.
[After my court appearance, ] [t]hey took me back to [BCDCF]. Upon arrival, I asked to use the TTy telephone and they refused and put me in segregation cell and still denying my ...

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