Rayburn v. Blue

154 F. Supp. 3d 523, 2015 WL 8374113, 2015 U.S. Dist. LEXIS 163978
CourtDistrict Court, W.D. Kentucky
DecidedDecember 8, 2015
DocketCIVIL ACTION NO. 4:15-CV-P91-JHM
StatusPublished
Cited by16 cases

This text of 154 F. Supp. 3d 523 (Rayburn v. Blue) is published on Counsel Stack Legal Research, covering District Court, W.D. Kentucky primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Rayburn v. Blue, 154 F. Supp. 3d 523, 2015 WL 8374113, 2015 U.S. Dist. LEXIS 163978 (W.D. Ky. 2015).

Opinion

MEMORANDUM OPINION AND ORDER

Joseph H. McKinley Jr., Chief Judge, United States District Court

This is a pro se civil rights action brought by convicted prisoner Bennett Lee Rayburn pursuant to 42 U.S.C. § 1983. The Court has granted Plaintiff leave to proceed in forma pauperis. This matter is before the Court for screening pursuant to 28 U.S.C. § 1915Á and McGore v. Wrigglesworth, 114 F.3d 601 (6th Cir.1997), overruled on other grounds by Jones v. Bock, 549 U.S. 199, 127 S.Ct. 910, 166 L.Ed.2d 798 (2007). For the reasons set forth below, the action will be dismissed in part and allowed to continue in part, and the Court will allow Plaintiff to amend his claims.

L FACTUAL ALLEGATIONS

In his Complaint (DN.l), Plaintiff, who is currently incarcerated in the Grayson County Detention. Center, makes allegations regarding his confinement at Hopkins County (Kentucky) Detention .Center (HCDC). He brings suit against four Defendants — Joe Blue, the HCDC Jailer (Defendant Blue); Chris Eubanks, the HCDC Medical Supervisor (Defendant Eubanks); Officer (Unknown) Harless, HCDC Guard (Defendant Harless); and Robert James, the Madisonville (Kentucky) Sanitation Department Supervisor (Defendant James). He has sued Defendants Blue and James in both their official and individual capacities and Defendants Eubanks and Harless, in their official capacities only.

Plaintiff first alleges that when he was housed at HCDC, he worked for the Madi-sonville Sanitation Department under hazardous working conditions. He alleges that these conditions included “almost being ran over by speeding forklifts and almost being ran over by heavy equipment and [528]*528garbage trucks,” cleaning debris from inside the chute of an activated trash compactor, and sorting trash that contained used syringes. He alleges that he notified HCDC staff on several occasions about these working conditions.

Plaintiff further alleges that while working on November 25, 2014, an inmate was caught smoking inside one of the work crew’s porta-potties. He alleges that Defendant James, the Sanitation Department Supervisor, then'told a group of inmates to tell him if they had to “use the potty” so that he could “come hold our dicks for us.”

Plaintiff next alleges that while working on December 2, 2014, he was poked in the finger by a dirty syringe while sorting recyclables. He states that an unnamed “sanitation supervisor” poured alcohol on his finger and told him that a report would be filed and that the HCDC medical staff would see him upon his arrival there. He next alleges that, when he arrived at HCDC, he asked to see the medical staff and was told to submit a sick call form. He alleges that was he was not given a sick call form until December 6, 2014, which he promptly completed on such date. He then alleges that Defendant Harless picked up his completed sick call form, “filled it odt,” and then brought it back to him twenty minutes later and scratched her name out. Plaintiff indicates'that as a result of this action, he was never seen by HCDC medical staff for his syringe injury. He alleges that he then filed a grievance related to this action on December 6, 2014; and that the grievance officer responded by stating that he had “no knowledge of a work injury.” Plaintiff states that since that time he has repeatedly requested to be tested for HIV and hepatitis and that the HCDC .medical staff have only ignored him.

Finally, Plaintiff alleges that he filed a grievance on February 11, 2015, because HCDC “had no law books or inmate legal aides to help indigent inmates or inmates that can’t afford paid attorneys to do legal work.” He alleges that the hearing officer responded that “your rights are not being violated.” He further alleges that he then filed a grievance appeal regarding this issue and that the appellate hearing officer responded by telling him that his rights were not being violated because he could access the court system by sending and receiving letters and documents.

Plaintiff concludes his Complaint by stating that he is making claims for inadequate medical attention; placement in a hazardous work environment; the making of unwanted sexual comments by his work supervisor; and a failure to provide him law books to help in. the filing of this lawsuit. Plaintiff seeks monetary and punitive damages. He also seeks injunctive relief — specifically that a trust be established to pay any future medical fees resulting from his contraction of hepatitis or HIV. He is no longer incarcerated at HCDC, so HCDC can no longer provide him with testing.

II. STANDARD OF REVIEW

Because Plaintiff is a prisoner seeking relief against governmental entities, officers, and/or employees, this Court must review the instant action under 28 U.S.C. § 1915A. Under § 1915A, the trial court must review the complaint and dismiss the complaint, or any portion of the complaint, if the court determines that it is frivolous or malicious, fails to state a claim upon which relief may be granted, or seeks monetary relief from a defendant who is immune from such relief. See § 1915A(b)(l), (2); McGore v. Wrigglesworth, 114 F.3d at 608.

A claim is legally frivolous when it lacks an arguable basis- either in law or in fact. Neitzke v. Williams, 490 U.S. 319, [529]*529325, 109 S.Ct. 1827, 104 L.Ed.2d 338 (1989). The trial court may, therefore, dismiss a claim as frivolous where it is based on an indisputably meritless legal theory or where the factual contentions are clearly baseless. Id. at 327, 109 S.Ct. 1827. In order to survive dismissal for failure to state a claim, “a complaint must contain sufficient factual matter, accepted as true, to ‘state a claim to relief that is plausible on its face.’ ” Ashcroft v. Iqbal, 556 U.S. 662, 678, 129 S.Ct. 1937, 173 L.Ed.2d 868 (2009) (quoting Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570, 127 S.Ct. 1955, 167 L.Ed.2d 929 (2007)).

“[A] district court must (1) view the complaint in the light most favorable to the plaintiff and (2) take all well-pleaded factual allegations as true.” Tackett v. M & G Polymers, USA, LLC, 561 F.3d 478, 488 (6th Cir.2009) (citing Gunasekera v. Irwin, 551 F.3d 461, 466 (6th Cir.2009) (citations omitted)). “[A] pro se complaint, however inartfully pleaded, must be held to less stringent standards than formal pleadings drafted by lawyers.” Erickson v. Pardus, 551 U.S. 89, 127 S.Ct. 2197, 167 L.Ed.2d 1081 (2007) (quoting Estelle v. Gamble, 429 U.S. 97, 106, 97 S.Ct. 285, 50 L.Ed.2d 251 (1976)). However, while liberal, this standard of review does require more than the bare assertion of legal conclusions, See Columbia Natural Res., Inc. v. Tatum, 58 F.3d 1101, 1109 (6th Cir.1995)).

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Cite This Page — Counsel Stack

Bluebook (online)
154 F. Supp. 3d 523, 2015 WL 8374113, 2015 U.S. Dist. LEXIS 163978, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rayburn-v-blue-kywd-2015.