Thomas v. Younce et al

Filing 14

OPINION. Signed by Judge James P. Jones on 10/27/2014. (tvt)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF VIRGINIA
ROANOKE DIVISION
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MARCUS DALE THOMAS,
Plaintiff,
v.
M. YOUNCE, ET AL.,
Defendants.

Case No. 7:14CV00510
OPINION
By: James P. Jones
United States District Judge

Marcus Dale Thomas, Pro Se Plaintiff.
Marcus Dale Thomas, a Virginia inmate proceeding pro se, filed this civil
rights action pursuant to 42 U.S.C. § 1983. Thomas alleges that in March 2014,
Red Onion State Prison officials assigned him to a top tier cell against a doctor’s
order, he fell down the stairs, and was injured. Thomas has also moved for
interlocutory injunctive relief, based on recent events. Upon review of the record,
I find that Thomas’ motion for interlocutory injunctive relief must be denied and
the action must be summarily dismissed for failure to state a claim.
Thomas states that on June 18, 2013, a doctor issued a one-year order for
Thomas to be assigned to a bottom tier cell, because the medications he takes make
it unsafe for him to walk stairs.

Beginning in January 2014, however, Unit

Manager Younce assigned Thomas to the top tier. Thomas told Younce about the
doctor’s order on March 4 or 5, 2014. Younce told Thomas that he could stay on

the top tier where he was or be moved to segregation. 1 Thomas elected against the
move. Thomas also told other officers that he should be in a bottom tier cell, but
no one made changes before the weekend.
On Saturday, March 8, on the way to the shower, Thomas caught his shower
shoe in the steel stair grid and fell down the stairs, unable to catch himself because
his hands were full. A nurse examined his injured knee, found no treatment
necessary, and allowed officers to return Thomas to his top tier cell. Thomas
complained, was charged with threatening an officer, and was moved to a bottom
tier cell in the segregation unit.
Thomas brought this § 1983 action, suing Younce, the nurse, and several
other officers for alleged deliberate indifference to a serious medical need.
Thomas also seeks interlocutory injunctive relief, because on September 19, 2014,
prison officials again assigned him to a top tier cell.
The court must dismiss any action filed by a prisoner against a governmental
entity or officer if the court determines the action or claim is frivolous, malicious,
or fails to state a claim on which relief may be granted. 28 U.S.C. § 1915A(b)(1).
To prove a constitutional claim related to an unsafe jail condition, Thomas must
show that one or more prison officials acted with deliberate indifference – that they

1

“I did speak to Unit Manager Younce, ‘and was told’ either you, stay w[h]ere
you are, or I’ll put you in ‘seg.’” Supplement to Compl. 15, ECF No. 1-4.
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knew, subjectively, the condition presented a substantial risk of serious harm and
nevertheless failed to take reasonable measures to alleviate it. Farmer v. Brennan,
511 U.S. 825, 835-37 (1994). Thomas must “produce evidence of a serious or
significant physical or emotional injury resulting from the challenged conditions,”
or “demonstrate a substantial risk of such serious harm resulting from the
prisoner’s unwilling exposure to the challenged conditions.” Shakka v. Smith, 71
F.3d 162, 166 (4th Cir. 1995) (internal quotation marks and citations omitted).
I will assume for purposes of this opinion, based on the doctor’s order, that
Thomas had a serious medical need for bottom tier status between June 13, 2013,
and June 13, 2014. I cannot find, however, that the defendants’ alleged deliberate
indifference to this need caused Thomas any serious injury. Thomas states that
days before his fall on March 8, 2014, Younce offered to move him to segregation,
but Thomas refused, thus placing himself at risk by remaining on the top tier.
Moreover, Thomas states no facts to support a finding that his medications played
any role in causing his fall. By his own description, he simply tripped and could
not break his fall. Finally, Thomas fails to show that the injury to his knee on
March 8 was serious. For these reasons, I find that Thomas has not stated an
Eighth Amendment claim against any of the defendants related to his cell

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assignment.2 I will summarily dismiss this action without prejudice pursuant to
§ 1915A(b)(1).
For similar reasons, I also find that Thomas has not stated facts warranting
interlocutory injunctive relief related to his current cell assignment. The party
seeking a preliminary injunction must make a clear showing “that he is likely to
succeed on the merits, that he is likely to suffer irreparable harm in the absence of
preliminary relief, that the balance of equities tips in his favor, and that an
injunction is in the public interest.” Winter v. Natural Res. Def. Council, Inc., 555
U.S. 7, 20 (2008). Thomas’ current submissions do not show any imminent risk of
serious harm or likelihood of success on the merits of his claim. Indeed, his own
submissions indicate that the doctor’s order for bottom tier status expired in June
2014, and he offers no indication that it has been continued or reissued or that
without bottom tier status, he is at substantial risk of serious injury.
A separate Final Order will be entered herewith.
DATED: October 27, 2014
/s/ James P. Jones
United States District Judge

2

Thomas also faults Younce for assigning him to the same tier as an inmate who
had fought with him. Because Thomas does not allege suffering any injury as a result of
this assignment, I find no actionable constitutional claim here.
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