United States District Court, S.D. Ohio, Eastern Division
EA AARON E. YOUNG, Plaintiff,
NICHOLAS HOOKS, Defendant.
A. Sargus, Jr. Chief Judge
REPORT AND RECOMMENDATION
Elizabeth P. Deavers Chief Magistrate
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). For the reasons that follow, it is
RECOMMENDED that Defendant's Motion to
Dismiss be DENIED.
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
10. When Young noticed Hooks walking towards the podium, he
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 ...