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Young v. Hooks

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

June 26, 2019

EA AARON E. YOUNG, Plaintiff,
v.
NICHOLAS HOOKS, Defendant.

          Edmund A. Sargus, Jr. Chief Judge

          REPORT AND RECOMMENDATION

          Judge Elizabeth P. Deavers Chief Magistrate

         This matter is before the Court for consideration of Defendant's Motion to Dismiss (ECF No. 38), Plaintiff's Opposition (ECF No. 48), and Defendant's Reply (ECF No. 50).[1] For the reasons that follow, it is RECOMMENDED that Defendant's Motion to Dismiss be DENIED.

         I.

         On April 15, 2016, the Court granted Plaintiff Aaron E. Young, a state inmate proceeding without the assistance of counsel, leave to proceed in forma pauperis in this action. (ECF No. 4.) Shortly thereafter, Plaintiff filed an Amended Complaint under 42 U.S.C. § 1983, alleging that Defendant Nicholas Hooks, a corrections officer, violated Plaintiff's rights under the First and Eighth Amendments to the United States Constitution when Defendant conducted a search of Plaintiff's cell. (ECF No. 9 (the “Amended Complaint” or “Am. Compl.”).) Plaintiff specifically alleges as follows:

5. Young stood outside of his cell with another correctional officer while Hooks searched the cell. Young and the correctional officer were engaged in a conversation about Young's job. Young informed the correctional officer that the only problem about his job that he was dissatisfied with was that his cell was being searched almost everyday (Prison staff whenever they were in unit A-4 [Plaintiff's unit], and was showing a newly hired staff on how to conduct a cell search, they would use Young's cell).
6. After hearing Young make the statement to the correctional officer, Hooks stated to Young: “If you don't like your cell being searched don't f --king come to jail. Now, get the f --k away from the cell!” 7. Young complied, and moved on the other side of the range, at least thirty (30) feet from his cell. However, Young still had a clear view of the inside of the cell.
8. Hooks came to the cell door and yelled, “Get the f--k away from the cell!”
9. Young, again complied, then went to the correctional officer podium to report to the block officer that Hooks was not following proper cell search procedure because he was throwing all of his property on the cell floor. Young further questioned was he permitted to be present while his cell was being searched.
10. When Young noticed Hooks walking towards the podium, he walked away[.]
11. Hooks yelled to Young: “Motherf--ker, where are you going? Bring your ass here, now!” 12. Once Young was back at the podium, he and Hooks engaged in a conversation.
13. Hooks asked Young did he want to fight him?
14. Young, acting in a non-combative manner, informed Hooks that he did not want to fight him.
15. Hooks stated to Young: “Shut your motherf--king mouth, bitch!” Hooks repeated said statement again after Young ...

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