United States District Court, S.D. Ohio, Eastern Division
RICO I. HAIRSTON, Plaintiff,
MRS. MARIA, et al., Defendants.
OPINION AND ORDER
KIMBERLY A. JOLSON UNITED STATES MAGISTRATE JUDGE
commenced this action on April 24, 2018, and he has submitted
approximately twenty filings in the three months that
followed. The Court addresses a number of Plaintiff's
is an inmate housed at the Correctional Reception Center
(“CRC”) proceeding pro se against the
following Defendants: Lieutenant Tyler, Lieutenant Shasteen,
Correctional Officers Eyre, Grimm, and Hitch, Nurse Maria,
Mental Health Supervisor Mr. Brown, and Sergeant John Doe.
(See generally Doc. 8). Plaintiff's complaint
raises a number of different (perhaps unrelated) claims and
is difficult to follow, particularly with respect to the
timing of the alleged incidents.
first incident appears to have occurred on February 28, 2018,
when Plaintiff alleges that he was placed in “the hole
under investigation for undisclosed reasons.”
(Id. at 9). He asserts that, on that day,
correctional officers informed other inmates of his location,
so they could subject him to verbal harassment because he was
convicted of a sex crime. (Id. at 9). Plaintiff
alleges that “for 3 days[, ] inmates on this unit
[were] yelling out their doors calling [him] a ‘f***ing
chomo' ‘baby rapist' ‘toucher'”
and telling him he was going to be “touched” and
that his sister or daughter would be raped. (Id. at
9). Plaintiff also claims that the inmates threatened to hack
his J-Pay account and “harass [his] family and let
[him] know they are going to have [him] ‘touched'
by sending out an S.O.S. (stab on sight) to every prison in
Ohio.” (Id. at 10).
later alleges that he received a ticket on March 5, 2018, and
went before the Serious Misconduct Panel on March 12, 2018,
which resulted in him being housed continuously in “the
hole.” (Id. at 12). He asserts that Lieutenant
Tyler told him to “get comfortable, ” because he
would be in the hole for years. (Id.).
point, Plaintiff requested to be on suicide watch and
submitted informal complaints asking to be separated from the
harassing inmates. (Id. at 10). Plaintiff's cell
location was changed first to cell 2112, and then to cell
2104. (Id.). Plaintiff states that cell 2104 had no
working sink, but his complaints about it were disregarded.
(Id.). Plaintiff contends that he continued to be
harassed in this location, with fellow inmates telling him
“your sister sent us stamps on J-Pay and pictures, we
told her we was in here for murder and that we was going to
get you touched. I told that b***h to send us pictures then I
cussed that b***h out.” (Id.). Plaintiff again
requested to be placed on suicide watch, filed an informal
complaint, and asked that he be separated from the harassing
inmates. (Id. at 11).
alleges that, on March 20, 2018 at approximately 2:30 p.m.,
he was placed in cell 1210, which “was covered in black
mold, feces, urine, and asbestos” on “the sink
walls, and the entire ceiling.” (Id. at 3;
see also id. at 11). Plaintiff contends that he
complained to the prison staff, including Defendants, but
they took no action in response. (Id. at 3).
at approximately 9:00 p.m., Plaintiff threatened repeatedly
that, if he was not removed from the cell, he was going to
take his own life. (Id.). Plaintiff alleges that the
prison staff ignored his pleas. (Id.). More
specifically, Plaintiff avers:
I tell Correctional Officer Mr. Grimm “I'm going to
kill myself.” He says, “okay, ” then walks
away. He never reports this to anyone nor does he contact
medical, or his supervisor.
Time goes by, I'd say about an hour and fifteen minutes
by this time it's 3rd shift; about 10:15 p.m.
and Correctional Officer Mr. Hitch comes past my cell, and as
he approaches my cell, I tell him, “Look, I'm going
to kill myself, take me out of this cell.” I ask him
did 2nd shift tell him, and he says
“No.” He then says, “Okay, hold on, ”
and leaves to report this to Nurse Maria.
Nurse Maria approached my cell, and as I begin to tell her
I'm going to commit suicide … she cuts me off and
states, “I don't give a shit, go ahead and do it,
they come thru every 20 minutes, your [sic] on a suicide
floor, we'll deal with it when it happens.” Then
she walks away, comes back about one minute later and says
something else but I start to yell for the Correctional
Officer Mr. Hitch and scream[ ] for help.
(Id. at 3-4).
then describes the actions he took in an effort to take his
own life. (Id. at 4). He alleges:
I then put toilet paper on my window and start planning a way
to hang myself with my towel. Correctional Officer Mr. Hitch
walks up to my cell door, starts to bang on the door and then
pops the food trap slot open. He then states, “This is
the easiest way to get sprayed, just wait until a
‘white shirt' walks around.”
I then proceed to rip my towel, start making a nosse [sic],
rig it in the vent above the door and hang myself!
does not explain how he survived, but he reiterates that the
prison staff ignored him:
The Correctional Officer Mr. Hitch walked past my cell door
every 30 minutes and just looks at me and keeps walking as
I'm hanging, choking to death. I had ripped my towel,
made a nosse [sic] and was attempting to “go ahead and
do it” as Nurse Maria advised me, and Correctional
Officer Mr. Hitch just kept walking ...