Henslee v. Singleton
Filing
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ORDER Pltf's 1 Complaint, survives initial review under § 1915(e) and 28 U.S.C. § 1915A; denying Pltf's 4 Motion for Writ, and 10 Motion for Default Judgment; US Marshal shall attempt to effectuate service on Deft. using the summons form provided by Pltf. Signed by District Judge Robert J. Conrad, Jr on 3/12/14. (Pro se litigant served by US Mail.)(ejb)
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
1:13-cv-90-RJC
JONATHAN HENSLEE,
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Plaintiff,
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vs.
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FNU SINGLETON, Avery/Mitchell
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Correctional Officer,
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Defendant.
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____________________________________ )
ORDER
THIS MATTER comes before the Court on initial review of Plaintiff’s Complaint, filed
under 42 U.S.C. § 1983, (Doc. No. 1); on Plaintiff’s Motion for Writ, (Doc. No. 4); and on
Plaintiff’s Motion for Default Judgment, (Doc. No. 10).
I.
BACKGROUND
Pro se Plaintiff Jonathan Henslee, a North Carolina state court inmate currently
incarcerated at Avery/Mitchell Correctional Institution, filed this action on March 25, 2013,
naming as the sole Defendant FNU Singleton, identified as a correctional officer at
Avery/Mitchell. Plaintiff purports to bring an excessive force claim against Defendant
Singleton, alleging as follows:
Excessive use of force, on October 27, 2012, the Plaintiff was handcuffed
standing facing the wall on Watauga Unit B-Side Hallway, Officer (FNU)
Singleton then peppered sprayed the Plaintiff in the face and head, the Plaintiff
was never a danger to anyone, or his [sic] self at this specific time. There is
digital recordings [sic] of this incident, there is a recording camera in the B-side
hallway, and outside, where the entrance to B-side hallway, and outside, where
the entrance to B-side hallway attached to the side of the building that records
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through the windows of the hallway. The incident took place 10-27-2012,
between 6:15 to 6:45 p.m.
(Doc. No. 1 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,
under § 1915A the Court must conduct an initial review and identify and dismiss the complaint,
or any portion of the complaint, if it 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 to 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).
Furthermore, a pro se complaint must be construed liberally. Haines v. Kerner, 404 U.S. 519,
520 (1972). However, the liberal construction requirement will not permit a district court to
ignore a clear failure to allege facts in his Complaint which set forth a claim that is cognizable
under federal law. Weller v. Dep’t of Soc. Servs., 901 F.2d 387 (4th Cir. 1990)
III.
DISCUSSION
As noted, Plaintiff contends that Defendant violated his Eighth Amendment right to be
free from cruel and unusual punishment by using excessive force against him. The Eighth
Amendment prohibits the infliction of “cruel and unusual punishments,” U.S. CONST. amend.
VIII, and protects prisoners from the “unnecessary and wanton infliction of pain,” Whitley v.
Albers, 475 U.S. 312, 319 (1986). To establish an Eighth Amendment claim, an inmate must
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satisfy both an objective component–that the harm inflicted was sufficiently serious–and a
subjective component–that the prison official acted with a sufficiently culpable state of mind.
Williams v. Benjamin, 77 F.3d 756, 761 (4th Cir. 1996). In adjudicating an excessive force
claim, the Court must consider such factors as the need for the use of force, the relationship
between that need and the amount of force used, the extent of the injury inflicted, and,
ultimately, whether the force was “applied in a good faith effort to maintain or restore discipline,
or maliciously and sadistically for the very purpose of causing harm.” Albers, 475 U.S. at 32021. Furthermore, the Supreme Court has recently reiterated that “[a]n inmate who is gratuitously
beaten by guards does not lose his ability to pursue an excessive force claim merely because he
has the good fortune to escape without serious injury.” Wilkins v. Gaddy, 130 S.Ct. 1175, 117879 (2010). In Wilkins v. Gaddy, the Supreme Court observed:
This is not to say that the “absence of serious injury” is irrelevant to the Eighth
Amendment inquiry. “[T]he extent of injury suffered by an inmate is one factor
that may suggest ‘whether the use of force could plausibly have been thought
necessary’ in a particular situation.” The extent of injury may also provide some
indication of the amount of force applied. As we stated in Hudson, not “every
malevolent touch by a prison guard gives rise to a federal cause of action.” “The
Eighth Amendment’s prohibition of ‘cruel and unusual’ punishments necessarily
excludes from constitutional recognition de minimis uses of physical force,
provided that the use of force is not of a sort repugnant to the conscience of
mankind.” An inmate who complains of a “push or shove” that causes no
discernible injury almost certainly fails to state a valid excessive force claim.
Injury and force, however, are only imperfectly correlated, and it is the latter that
ultimately counts.
Id. at 1178-79 (citations omitted).
The Court finds that Plaintiff has stated a claim of excessive force against Defendant
Singleton sufficient to survive initial review. That is, drawing all inferences in Plaintiff’s favor,
the Court must accept as true on initial review that Defendant Singleton pepper-sprayed Plaintiff
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on his face and head while Plaintiff has handcuffed and without any provocation by Plaintiff.
Accord McGuire v. Union County Jail, No. 4:13cv-P28-M, 2013 WL 4520282, at *1 (W.D. Ky.
Aug. 26, 2013) (where the plaintiff pre-trial detainee alleged that a guard pepper-sprayed him
without provocation and with malicious intent, the detainee alleged excessive force sufficient to
survive initial review under § 1915A). However, the Court will deny Plaintiff’s Motion for Writ
and Motion for Default Judgment. The “Motion for Writ” does not state what remedy, if any,
Plaintiff seeks through a writ. Furthermore, Plaintiff is not entitled to default judgment against
Defendant Singleton because Singleton has not even been served with process.
IV.
CONCLUSION
In sum, the Complaint survives initial review under 28 U.S.C. § 1915(e) and 28 U.S.C. §
1915A.
IT IS, THEREFORE, ORDERED that:
1.
Plaintiff’s Complaint, (Doc. No. 1), survives initial review under § 1915(e) and 28
U.S.C. § 1915A;
2.
Plaintiff’s Motion for Writ, (Doc. No. 4), and Motion for Default Judgment, (Doc.
No. 10), are DENIED.
3.
The U.S. Marshal shall attempt to effectuate service on Defendant using the
summons form provided by Plaintiff.
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Signed: March 12, 2014
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