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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,
BURKE COUNTY SHERIFF'S OFFICE, et al., Defendants.
D. Whitney, Chief United States District Judge.
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.
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].
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 by signing “Telephone” with
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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