De'Lonta v. Johnson et al

Filing 1

PRISONER COMPLAINT administratively filed by Ophelia De'Lonta against Sheri Anderson, Gene Johnson, Eddie L. Pearson, P. C. Hunnel, Susan Carson, Anthony Scott, Investigator Poe, Investigator Serrano, John Bendrick. (Attachments: # 1 Prisoner Data Report, # 2 Exhibit A)(pmil)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF VIRGINIA

COMPLAINT UNDER CIVIL RIGHTS ACT 42 U.S.Ctj 1983
Action Number
(To be supplied by the Clerk, U.S. District Court)

Please fill out this complaint form completely. The Court needs the information requested in
order to assure that your complaint is processed as quickly as possible and that all your claims
are addressed. Please print/write legibly or type.
I.

PARTIES

A.

Plaintiff:

I-

(a).

OPHELIA De'LONTA

(b)

(Name)

120047

(Inmate number)

Powhatan Correctional Center

(c).

(Address)
State Farm,

Virginia

23160

Plaintiff MUST keep the Clerk of Court notified of any change of address due to transfer

or release. If plaintiff fails to keep the Clerk informed of such changes, this action may be
dismissed.
Plaintiff is advised that only persons acting under the color of state law are proper

defendants under Section 1983. The Commonwealth of Virginia is immune under the

Eleventh Amendment. Private parties such as attorneys and other inmates may not be
sued under Section 1983. In addition, liability under Section 1983 requires personal action
by the defendant that caused you harm. Normally, the Director of the Department of

Corrections, wardens, and sheriffs are not liable under Section 1983 when a claim against
them rests solely on the fact that they supervise persons who may have violated your rights.

In addition, prisons, jails, and departments within an institution are not persons under
Section 1983.

B.

Defendant(s):

GENE JOHNSON

1.

(a) GENE JOHNSON

(Name)

(c).

(b)

Director of VDOC
(Title/Job Description)

6900 Atmore Drive

(Address)
Richmond Virginia 23225

r) E 6 E I
ocr-

2.

(a) EDDIE.

L.

PEARSON

(b)

(Name)
(c)

Warden of Powhatan Corr.
(Title/Job Description)

State Farm,

Virginia 23160

(Address)

3.

(a)

P.C. Hunnel
(Name)
State Farm,

00.

(b)

Assist. Warden of P.C.C.
(Title/Job Description)

Virginia 23160

(Address)
See attachment

for addition parties.

If there are additional defendants, please list them on a separate sheet of paper. Provide all
identifying information for each defendant named.
Plaintiff MUST provide a physical address for defendant(s) in order for the Court to serve
the complaint. If plaintiff does not provide a physical address for a defendant, that person

may be dismissed as a party to this action.
II.

PREVIOUS LAWSUITS

A.

Have you ever begun other lawsuits in any state or federal court relating to your

imprisonment?
B.

Yes [x ]

No [

]

If your answer to "A" is Yes: You must describe any lawsuit, whether currently pending

or closed, in the space below. If there is more than one lawsuit, you must describe each
lawsuit on another sheet of paper, using the same outline, and attach hereto.
1.

Parties to previous lawsuit:

Plaintiff(s)

Ophelia De'lonta

Defendant(s)

2.

Ronald Angelone et.al;

Gene Johnson et.al;

Court (if federal court, name the district; if state court, name the county):
Eastern District of Virginia

3.

4.

Date lawsuit filed:
^

.

Docket number:

1999,

2005,

330 F.3d 630/ 2005 csae 1:07cv245

5.

Name of Judge to whom case was assigned: 1999 case assigned to Judge Turk
2005

6.

case

assigned to Judge Buchanan

Disposition (Was case dismissed? Appealed? Is it still pending? What relief was
granted, if any?):
Both cases were settled.

III.

GRIEVANCE PROCEDURE

A.

At what institution did the events concerning your current complaint take place:
Powhatan Correctional

Center

B.

Does the institution listed in "A" have a grievance procedure? Yes [x ] No [

C.

If your answer to "B" is Yes:

1.

Did you file a grievance based on this complaint? Yes [ X ]

2.

If so, where and when:

3.

What was the result?
My complaint was

filed 5-20-09
Response was

No [

]

]

at Powhatan Corr.

Ctr.

that my complaint was

never properly responed to

on all levels of

exaustaution.

4.

5.

D.

Did you appeal? Yes [x ]

Result of appeal:

No [

]

same response as #3

If there was no prison grievance procedure in the institution, did you complain to the
prison authorities? Yes [

]

No [

]

If your answer is Yes, what steps did you take?

E.

If your answer is No, explain why you did not submit your complaint to the prison
authorities:

very delayed.

IV.

STATEMENT OF THE CLAIM

State here the facts of your case. Describe how each defendant is involved and how you were

harmed by their action. Also include the dates, places of events, and constitutional amendments
you allege were violated.

If you intend to allege several related claims, number and set forth each claim in a separate
paragraph. Attach additional sheets if necessary.
Please

see attachments

V.

RELIEF

I understand that in a Section 1983 action the Court cannot change my sentence, release me from
custody or restore good time. I understand I should file a petition for a writ of habeas corpus if I
desire this type of relief.
(please initial)
The plaintiff wants the Court to: (check those remedies you seek)
XX
XX

Award money damages in the amount of $
Grant injunctive relief by

Please see attachment

Please See Attachment

Other
VI.

__^_

PLACES OF INCARCERATION

Please list the institutions at which you were incarcerated during the last six months. If you were
transferred during this period, list the date(s) of transfer. Provide an address for each institution.
Powhatan Correctional Center
State Farm,

VII.

Va 23160

Incarcerated since

2005

CONSENT

CONSENT TO TRIAL BY A MAGISTRATE JUDGE: The parties are advised of their right,
pursuant to 28 U.S.C. § 636(c), to have a U.S. Magistrate Judge preside over a trial, with appeal
to the U.S. Court of Appeals for the Fourth Circuit.
Do you consent to proceed before a U.S. Magistrate Judge: Yes [ ^ No [
consent at any time; however, an early consent is encouraged.
VIII.

SIGNATURE

If there is more than one plaintiff, each plaintiff must sign for himself or herself.

Signed this September
Plaintiff

day of

15th 2009

, 20 09

]. You may

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF VIRGINIA
RICHMOND DIVISION

Ophelia Azriel De'lonta #120047
Plaintiff, Pro se
V.

Gene Johnson, Director of Virginia Department of Corrections et.al
Defendants

COMPLAINT UNDER CIVIL RIGHTS ACT 42 USC SECTION 1983

Preliminary Statement

This complaint for injunctive relief and damages brought under 42 U.S.C. §1983, in
connection with the Sexual Assault and Extortion on plaintiff Ophelia De'lonta, a
Transsexual Prisoner at Powhatan Correctional Center, by defendant Sheri Anderson
former Correctional Officer. The assault on plaintiff was cruel and unusual punishment
violation of her constitutional right under the Eighth Amendment.

Jurisdiction and venue

Jurisdiction:
This cause of action is brought pursuant to 42 U.S.C. Section 1983; because plaintiffs

Constitutional Rights protected under the 14th Amendment were violated by individuals
acting under the color of state law. Vested jurisdiction is based upon 28 U.S.C. Section §:
1331 and 1343. This court further has supplemental jurisdiction over the state claims.
Venue:

28 U.S.C. Section 1391 (b): The unlawful acts asserted hereinafter in this petition
occurred primarily within this judicial district and the defendants reside within the
district.

Parties

Plaintiff:

Ophelia De'lonta, #120047 is a Virginia State Prisoner in the custody and

control of the Virginia Department of Corrections during the events described in this

complaint. Plaintiff is a Pre-Operative Transsexual, and has been since the age of
thirteen years of age. Plaintiff has had procedures as a female prior to her incarceration.
And during her incarceration she has won a settlement in a Civil Action against
defendants' to continue Hormone Therapy Treatment for Gender Identity Disorder from
which plaintiff suffers. Said treatment is and will continue to be administered by the
Virginia Department of Corrections.

Defendant: Gene Johnson is director of the Virginia Department of Corrections. He is
responsible for conditions and operations over all prisons in the state of Virginia, and the
final policy maker; he is also responsible for the misdeeds of his employees. He is being
sued in his individual and official capacities. Said address being: VDOC P.O.Box 26963
Richmond Virginia 23261, 6900 Atmore Drive Richmond, Virginia 23261
Defendant: Eddie L. Pearson is the warden of Powhatan Correctional Center, and the
receiving center of Powhatan Correctional Center. Pearson is responsible for conditions
and operations at Powhatan Correctional Center, and Receiving Center. Pearson is also a

final policy maker. He is being sued in his individual and official capacities. Defendant
said address being.... Virginia Department of Corrections, Powhatan Correctional Center,
State Farm, Virginia 23160.
Defendant: P.C. Hunnel is the assistant warden of (P.C.C). P.C. Hunnel is responsible
for conditions, treatment, and security at P.C.C. He is being sued in his individual and
official capacities. Defendant said address being... Virginia Department of Corrections
Center, State Farm, Virginia 23160.

Defendant: Susan Carson is the assistant warden of operations at (P.C.C.) Susan Carson
is responsible for the daily conditions and operations at (P.C.C.) and (P.R.C.C). She is
being sued in her individual and official capacities. Defendant said address being...

Virginia Department of Corrections, Powhatan Correctional Center, State Farm, Virginia
23160.

Defendant: Anthony Scott is the Chief of Security; he is responsible for supervising

(P.C.C) and (P.R.C.C.) staff, maintaining inmate's safety and security, and responding to
inmate's requests and informal complaints. Major Scott is also a final policy maker for
the (VDOC) and (P.C.C) he is being sued in his individual and official capacities.
Defendant said address being... Virginia Department of Corrections, State Farm, Virginia
23160.

Defendant: Poe is the institutional investigator here at Powhatan Correctional Center. He

is responsible for any and all internal matters involving staff and inmates of possible
criminal intent. He is being sued in his individual and official capacities. Defendant said

address being Virginia Department of Corrections, Powhatan Correctional Center, State
Farm, Virginia 23160.

Defendant: Serrano is the institutional investigator here at Powhatan Correctional
Center. He is responsible for any and all internal matters involving staff and inmates of
possible criminal intent. He is being sued in his individual and official capacities.

Defendant said address being Virginia Department of Corrections, Powhatan Correctional
Center, State Farm, Virginia 23160.

Defendant: John Bendrick is the institutional investigator here at Powhatan Correctional

Center. He is responsible for any and all internal matters involving staff and inmates of
possible criminal intent. He is being sued in his individual and official capacities.

Defendant said address being Virginia Department of Corrections, Powhatan Correctional
Center, State Farm, Virginia 23160.

Defendant: Sheri Anderson, a correctional officer at Powhatan Correctional Center. She
is being sued in her individual and official capacities. Defendant said address being
Virginia Department of Corrections, Powhatan Correctional Center, State Farm, Virginia
23160.

ALL THE DEFENDANT'S HAVE ACTED AND CONTINUE TO ACT UNDER THE COLOR OF

STATE LAW AT ALL TIMES RELEVANT TO THIS COMPLAINT. CORRECTIONAL OFFICER
SHERI ANDERSON IS NOT EMPLOYED WITHIN THE (VDOC). PLAINTIFF DOES NOT KNOW
HER NEW SAID ADDRESS, SO PLAINTIFF WILL USE HER LAST KNOWN ADDRESS WHICH

WAS: VIRGINIA DEPARTMENT OF CORRECTIONS, POWHATAN CORRECTIONAL CENTER,
STATE FARM, VIRGINIA 23160.

Previous Lawsuits:

Plaintiff has in the past initiated other causes of action with the federal courts pursuant to

42 U.S.C. Section 1983, but plaintiff only retained information of most recent action.
Defendant was Gene Johnson et.al; the court was Eastern District of Virginia, Alexandria
Division, Docket Number, 1:05CV1469, disposition of the case was settlement. Issues
raised was, sexual assault by another inmate, date filed approximately 2005, disposition

date approximately 2009, plaintiff is proceeding in this cause of action requesting to be
granted Informa Pauperis status pursuant to the Prison Litigation Reform Act (PLRA).

STATEMENT OF FACTS

1) Approximately on or about March 2009, Plaintiff Ophelia De'lonta while being
housed at Powhatan Correctional Center; cell block C-5.
2) Plaintiff entered the laundry room to wash her clothes.
3) Correctional Officer Sheri Anderson approached plaintiff from behind.

4) Defendant Anderson intentionally applied force fondling plaintiff genital area in a
perverse manner stating, "Now with a little incentive you will do what I tell you
to do."

5) The use of force caused plaintiff pain and severe discomfort which still continues
today.

6) Approximately on or about March 2009, Defendant Anderson was regularly
working housing unit C-5, where Plaintiff De'lonta is assigned.

7) Defendant Anderson would obtain food items from plaintiff in an aggressive
manner.

8) Approximately on or about March 2009, Defendant Anderson demanded money
from plaintiff.

9) Plaintiff advised Defendant Anderson she did not have any money.

10) Defendant Anderson became angry, entered plaintiffs cell stating, "Stop lying
Bitch."

11) Defendant Anderson then threw plaintiffs mail at her, after she had open and read
the contents of the money receipt.
12) Defendant Anderson threaten plaintiff with false disciplinary reports, which
would automatically diminish plaintiffs parole opportunity. If she didn't do what
Defendant Anderson demanded her to do.

13) Approximately on or about March 2009, Defendant Anderson told plaintiff she
wanted her to send money to her bank account.

14) Defendant Anderson told plaintiff she would write down her banking information
and instruct plaintiff to write a letter to her lawyer to transfer money from
plaintiffs account to her account.

15) Plaintiff did as she was forced and extorted by Defendant Anderson.

16) Defendant Anderson told plaintiff to bring the letter to her to mail because she
didn't trust plaintiff to mail it.

17) Plaintiff out of fear, pain, and discomfort told her counselor, Barry Marano, of the
assault and threats from Defendant Anderson.

18) Mr. Marano called psychologist Jena Porterfield, advising her of plaintiff s
allegations.

19) Mr. Marano notified internal affairs, Agent Poe, and institutional investigator
Serrano took plaintiffs statement.

20) Agent Poe advised plaintiff to continue to receive letters of instructions from
Defendant Anderson.

21) Approximately on May 20th 2009, plaintiff filed informal complaint stating what
had happened with Defendant Anderson. See Exhibit-"A"

22) On July 2nd 2009, Sgt. John Bendrick, investigator for Powhatan Correctional
Center responded to the informal complaint by plaintiff stating, "This complaint is
very delayed, moreover the staff member is no longer here." See Exhibit "A"
23) Defendant Anderson, Sgt. Bendrick, Agent Poe, and Investigator Serrano lacked

penological and/or security justification to treat plaintiff in the manner as
described herein.

24) Defendant's Poe, Serrano, and Bendrick acted wantonly, maliciously and

willfully, not providing plaintiff a full and fair review of the investigation
concerning the sexual assault by ex-officer Anderson.
CAUSE OF ACTION
COUNT I

Plaintiff was subjected to cruel and unusual punishment violation of The Eighth
Amendment to the United States Constitution.

25) Plaintiff incorporates Paragraphs 4 through 24 as though they were stated fully
herein.

26) Defendants Pearson, Hunnel, Scott, and Carson demonstrated deliberate
indifference to plaintiff medical needs by not providing her with medical
examination and psychological counseling after the alleged sexual assault.

27) Defendants Pearson, Hunnel, Scott, and Carson violated plaintiffs Eighth
Amendment right to be free from cruel and unusual punishment by depriving

plaintiff protection from the sexual assault and extortion by ex-correctional officer
Anderson.

28) Defendants Pearson, Hunnel, Scott, Carson, and Johnson violated plaintiffs
Eighth Amendment right to be free from cruel and unusual punishment by failing
to exercise safeguards in their hiring procedures including an extensive criminal
and psychological background check.
Count II

Plaintiff was denied due process under The Fourteenth Amendment to the United
States Constitution.

29) Plaintiff incorporates Paragraphs 1-28 as though they were stated fully herein.
30) Defendants Bendrick, Poe, and Serrano violated plaintiffs Fourteenth

Amendment rights to due process by not providing plaintiff a full and fair review
of the investigation concerning the sexual assault by ex-officer Anderson.
31) Defendants Bendrick, Poe, and Serrano violated plaintiffs Fourteenth
Amendment right to due process by depriving plaintiff reasonable

medical/psychological treatment and or examination after she reported the
incident.

PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully prays that this court:

A. Declare that the acts and omissions described herein violated plaintiffs right
under the Constitution and laws of the United States;

B. Order Defendants Gene Johnson, Eddie L. Pearson, P.C. Hunnel, Susan Carson,
Anthony Scott, Sheri Anderson, John Bendrick, Poe, and Serrano to pay
compensatory damages in the following amounts $100,000.00 jointly and
severely against defendants.

C. Order Defendants Gene Johnson, Eddie L. Pearson, P.C. Hunnel, Susan Carson,
Anthony Scott, Sheri Anderson, John Bendrick, Poe, and Serrano to pay punitive
damages in the following amounts $100,000.00 each against defendants.
D. Order defendants to pay reasonable attorney fees and cost;

E. Grant other just and equitable relief that this honorable court deems necessary.

Respectfully submitted,

Ophelia Azriel De'lonta
Powhatan Correctional Center
State Farm, VA 23160

VERIFICATION:

Pursuant to 28 U.S.C.§ 1746,1 declare and verify under penalty of perjury under

laws of the United States of America that the foregoing is true and correct. Executed on
September 28, 2009.