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Hairston v. Maria

United States District Court, S.D. Ohio, Eastern Division

July 31, 2018

RICO I. HAIRSTON, Plaintiff,
v.
MRS. MARIA, et al., Defendants.

          OPINION AND ORDER

          KIMBERLY A. JOLSON UNITED STATES MAGISTRATE JUDGE

         Plaintiff 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 filings below.

         I. BACKGROUND

         Plaintiff 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.

         The 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).

         Plaintiff 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.).

         At some 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).

         Plaintiff 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).

         Beginning 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).

         Plaintiff 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!

(Id.).

         Plaintiff 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 ...

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