Annamalai, Annamalai v. Doe 1-25, John

District Court, W.D. Wisconsin·Decided August 12, 2025·No. 3:25-cv-00364·Unknown

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WISCONSIN

ANNAMALAI ANNAMALAI,

Plaintiff, v.

B. MALCOLM, RANDALL PASS, LINDA LINDNER, JAMES BELL, K. BLOCK, JOHN DOE NURSES 1–4, OPINION and ORDER RYAN WILLIS, ERIC EMMERICH, FEDERAL BUREAU OF PRISONS, UNITED STATES OF 25-cv-364-jdp AMERICA, OFFICER KESHTRUP, PSYCHOLOGIST NORGE, AMBER LABELLE, JOHN DOE SHU CORRECTIONAL OFFICERS 1–10, and FOOD SERVICES SUPERVISOR FISCHER,

Defendants.

Plaintiff Annamalai Annamalai has an extensive history of abusive litigation in federal and state courts. Several motions and matters are before this court, including the initial screening of Annamalai’s proposed amended complaint. Dkt. 35. Proceeding without counsel, Annamalai alleges that defendants denied him a proper religious diet and committed several other wrongs under federal and Wisconsin law. Annamalai is a “three striker” under 28 U.S.C. § 1915(g) and didn’t prepay the filing fee. So he must plausibly allege imminent danger of serious physical injury to proceed. Because Annamalai is incarcerated at FCI-Oxford, I must screen the amended complaint under 28 U.S.C. § 1915A and dismiss any part of it that is frivolous or malicious, fails to state a claim for which I could grant relief, or seeks money damages from an immune defendant. I must accept Annamalai’s allegations as true and construe them generously, holding the amended complaint to a less stringent standard than one a lawyer drafts. Arnett v. Webster, 658 F.3d 742, 751 (7th Cir. 2011). I will dismiss the amended complaint because Annamalai hasn’t alleged a plausible claim for relief or that he’s in imminent danger of serious physical injury. But I will give Annamalai a final opportunity to submit a second amended complaint that fixes the problems with his claim under the Religious Freedom Restoration Act (RFRA). I will also deny without

prejudice Annamalai’s motion for injunctive relief and rule on the other pending motions.

ALLEGATIONS OF FACT Annamalai’s Hindu faith prohibits him from consuming food that is cooked, prepared, or stored with beef. When beef is cooked or served, Annamalai has to choose the “self-select” menu or “no-flesh” items. Dkt. 35 at 3. But the prisoners who work as cooks use the same kitchen, pots and pans, utensils, oils, and other ingredients to prepare both beef and no-flesh items. Jewish and Muslim prisoners receive kosher and Halal meals. Because Annamalai hasn’t received his religious diet, he has experienced “forced

starvation [that] appears to have [led] to numerous” physical and mental health consequences, including chronic diabetes, “cholesterol,” hypertension, blurry vision, “prostate,” respiratory issues, arthritis, malnutrition, knee pain, joint pain, back pain, post-traumatic stress syndrome (PTSD), depression, panic attacks, anxiety, insomnia, and repeated suicide attempts. Id. Annamalai repeatedly complained that he wasn’t receiving his religious diet to defendants Willis, Fisher, Emmerich, the Bureau of Prisons, and the United States. Annamalai also made complaints about a “medical compliance diet based on [his] underlying chronic medical conditions” to defendants Malcolm, Pass, Block, Bell, Linder, Emmerich, and John

Doe Nurses 1–4. Id. After Annamalai made these complaints, the above defendants retaliated against him, which included issuing “retaliatory incident reports.” Id. After filing grievances, Annamalai was housed with a female prisoner, “Ms. Sanchez Velasquez.” Id. at 4. Hinduism prohibits a male from cohabitating with an unmarried woman, unless the woman is the man’s relative. Annamalai complained to defendants Emmerich, LaBelle, and Norge. In response, Annamalai started to receive “bogus incident reports” from

other individuals based on possession of stolen items and other false accusations. Sanchez Velasquez regularly performed fellatio and erotic massages on other prisoners while Annamalai was in the cell. Annamalai had to “pass on the messages” of Sanchez Velasquez’s clients “for the next sex act.” Id. Some of Sanchez Velasquez’s clients demanded sex from Annamalai. After complaining about Sanchez Velasquez for several months, Annamalai was transferred to Wood unit. Defendants Malcolm, Black, and Bell conspired to house Annamalai with Scott Halverson, a “mentally retarded” child molester, when Annamalai arrived at Wood unit.

Id. at 4. (The BOP’s prisoner locator shows that Halverson died on December 5, 2024.) Annamalai’s cohabitation with Halverson was unpleasant. Malcolm hired Annamalai to be a “companion job” for Halverson. Id. Annamalai was told that his job was to direct Halverson to pill call, the shower, and the chow hall daily. Halverson had bowel problems, so Annamalai had to clean Halverson’s feces with his bare hands. Annamalai was also exposed to Halverson’s urine. Annamalai was exposed to sexual improprieties while housed with Halverson, who would frequently masturbate in their cell. Halverson ejaculated on Annamalai’s face several

times. One night, Halverson inserted his penis into Annamalai’s anus, which caused rectal bleeding. Annamalai told Malcolm about the rape and other “sexual tortures.” Id. at 5. Malcolm responded that the abuse was a part of his job. Annamalai also reported the abuse to defendants Emmerich, LaBelle, Block, Bell, and Pass, but they ignored him. Annamalai filed grievances based on the events in Wood unit. Then, on March 24,

2025, Malcolm delivered Annamalai to nondefendant Captain Moore for a new job assignment “in the compound.” Id. That job required Annamalai clean bird droppings, dust, and debris even though he had lost the ability to breathe through his nose in October 2024. At some point, Annamalai asked Malcolm, Randall, Pass, Block, Bell, Lindner, and Emmerich for medical help for that condition but they ignored him. Consequently, Annamalai lost taste in his tongue, and he was unable to sleep at night because he couldn’t breathe through his mouth. On March 24, 2025, in the evening, Annamalai fell seriously ill with vomiting and a bloody nose. Annamalai asked for medical help the next morning and was taken to health

services, but he received no treatment. Later that day, Annamalai was taken to segregation based on an incident report that he failed to report for work. Two days later, Annamalai was put on suicide watch. Upon Annamalai’s return to segregation, he experienced sexual abuse. On April 1, 2025, Annamalai was housed with prisoner Jason Daniel Gandy, whom Annamalai characterizes as a sexual predator. (The BOP’s prisoner locator shows that Gandy is no longer housed at FCI-Oxford.) Annamalai complained about being housed with Gandy to officers in the special housing unit (SHU), defendants John Doe SHU Correctional Officers 1–10. One of the officers

told Annamalai that if he “fucked with them” they would “fuck him up” and to enjoy his new home with his new husband. Id. at 6. Annamalai was physically and sexually assaulted by Gandy. Annamalai repeatedly complained to the Doe SHU officers, Emmerich, LaBelle, Norge, Malcolm, Block, and defendant Keshtrup, but they did not help him. Annamalai was continuously bleeding from his nose. He asked the Doe SHU officers,

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