United States District Court, W.D. Washington, Seattle
REPORT AND RECOMMENDATION
Alice Theiler United States Magistrate Judge.
who is proceeding pro se and in forma
pauperis in this 42 U.S.C. § 1983 civil rights
action, is a state prisoner confined in the Special Offender
Unit at Monroe Correctional Complex. He brings claims against
Correctional Officer Jerald Grant, Correctional Sergeant
Michael Clayton, and Unit Supervisor Jason Neely, in their
individual and official capacities. (See Dkt. 12.)
are three motions currently before the Court: defendants'
motion to dismiss plaintiff's amended complaint under
Federal Rule of Civil Procedure 12(b)(6) (Dkt. 18);
plaintiff's motion for leave to file a second amended
complaint that names two additional defendants, Dr. Tanya
Browne, plaintiff's psychologist, and Henry Abghari,
plaintiff's therapist (Dkts. 24 & 24- 2); and
plaintiff's motion for a temporary restraining order and
preliminary injunction (Dkt. 31).
plaintiff seeks leave to amend to “correct deficiencies
in my complaint and to clarify unclear issues” (Dkt.
24-1 at 1), the Court recommends that defendants' motion
to dismiss be GRANTED and that plaintiff's amended
complaint be dismissed without prejudice. In addition, for
the reasons explained below, the Court recommends that
plaintiff's motion for leave to amend be GRANTED in part
and DENIED in part, and that plaintiff's motion for a
temporary restraining order and preliminary injunction be
proposed second amended complaint alleges the following.
Plaintiff has been diagnosed with paranoid schizophrenia,
paranoid personality disorder, schizoaffective disorder, and
bipolar disorder. (Dkt. 24-2 at ¶¶ 2-3.) On
countless occasions between 2014 and 2017, Officer Grant
falsely announced to staff members that plaintiff has
HIV/AIDS. (Id. at ¶¶ 24-25.) In April
2015, Officer Grant told an inmate that plaintiff was
“HIV/AIDS positive” and a snitch from California
who was in the witness protection program. (Id. at
¶¶ 7-8.) Officer Grant spread similar rumors among
inmates at other times, too. (Id. at ¶¶
asked Officer Grant to stop spreading rumors about him or he
would litigate. (Id. at ¶¶ 32-33.) Officer
Grant responded, “So what, you are a paranoid
schizophrenic, a judge will never believe you over me. . . .
I don't care, do something while you can.”
(Id. at ¶¶ 33-34.) After plaintiff began
to complain about Officer Grant's behavior, the officer
told him that he would be transferred to another institution
and away from his family if he continued to write grievances
and file litigation regarding the alleged comments.
(Id. at ¶¶ 10-13.) Officer Grant also
instructed two inmates to threaten plaintiff with transfer if
he continued to file grievances regarding the alleged
comments and actions. (Id. at ¶ 14.)
the relevant time period, plaintiff spoke to Sergeant
Clayton, who is Officer Grant's supervisor, numerous
times regarding Officer Grant's behavior. (Id.
at ¶¶ 43-44.) Sergeant Clayton is aware of
plaintiff's mental health conditions but did not correct
Officer Grant's behavior, telling plaintiff not to take
Officer Grant's comments seriously. (Id. at
also informed Dr. Browne and Mr. Abghari, who said they would
discuss the issue with Officer Grant. (Id. at
¶¶ 26-29, 68-69, 72-73, 85.) When plaintiff
followed up, Dr. Browne and Mr. Abghari assured him that they
had spoken to Officer Grant and that Officer Grant would no
longer exacerbate his mental health symptoms; however,
Officer Grant's behavior only worsened. (Id. at
¶¶ 31-31; see also Id. at ¶¶ 38,
40.) Dr. Browne also failed to record plaintiff's
complaints in his medical file, and both Dr. Browne and Mr.
Abghari failed to take additional action to stop Officer
Grant's behavior. (Id. at ¶¶ 70, 74,
February 2017, plaintiff requested and was granted a meeting
with Sergeant Clayton, Officer Grant, and Officer Neely.
(Id. at ¶¶ 50-51.) During the meeting,
plaintiff and Officer Grant discussed the claims in this
action; Sergeant Clayton and Officer Neely were completely
quiet. (Id. at ¶¶ 52-53.) Officer Grant
agreed to stop spreading rumors about plaintiff having
HIV/AIDS and being in witness protection. (Id. at
¶¶ 54-56.) Officer Grant, however, did not stop.
(Id. at ¶¶ 57-58.)
April 7, 2017, Officer Neely placed plaintiff in
administrative segregation because plaintiff filed a personal
restraint petition about Officer Grant. (Id. at
¶¶ 59, 61.) Officer Neely told plaintiff,
“Since you like writing grievances and complaints,
I'm sending you to the hole. Write your complaints from
there.” (Id. at ¶ 64.) Officer Neely
fabricated another explanation to justify his actions.
(Id. at ¶¶ 60, 62, 63.) While plaintiff
was in administrative segregation, he lost his job in the
inmate kitchen. (Id. at ¶ 65.)
“suffered emotionally” as a result of Officer
Grant's rumors regarding HIV/AIDS and the witness
protection program. (Id. at ¶¶ 16, 19.)
Officer Grant's threats made it very difficult for
plaintiff to move forward with grievances and litigation
against the officer. (Id. at ¶ 18.) Also as a
result of Officer Grant's actions, plaintiff was placed
in administrative segregation and lost his job in the inmate
kitchen; ultimately, he was moved to a unit that houses more
severe cases of mental illness. (Id. at ¶ 20.)
Plaintiff also “broke down, ” losing
approximately 40 pounds. (Id. at ¶ 42.) He also
stopped spending time in the dayroom. (Id. at ¶
alleges that Officer Grant violated his First Amendment right
to be free from retaliation, the Equal Protection Clause, the
Eighth Amendment's prohibition against cruel and unusual
punishment, and the Americans with Disabilities Act
(“ADA”). (Id. at ¶¶ 21-22,
35-39, 89-92.) He alleges that Officer Neely violated his
rights under the First and Eighth Amendments. (Id.
at ¶¶ 65, 95-96.) He alleges that Sergeant Clayton
violated his rights under the Equal Protection Clause and the
Eighth Amendment. (Id. at ¶¶ 48-49,
93-94.) Finally, he alleges that Dr. Browne and Mr. Abghari
violated his Eighth Amendment rights and the ADA.
(Id. at ¶¶ 80-81, 87-88, 97-100.)
seeks monetary relief against Officer Grant, Sergeant
Clayton, and Officer Neely. (Id. at 24.) He seeks
declaratory relief against Dr. Browne and Mr. Abghari.