United States District Court, N.D. Ohio, Western Division
G. Carr Sr., U.S. District Judge
Antonio Nikki Roundtree brings this action pursuant to 42
U.S.C. § 1983 against defendants Tyler Dunlap, Gary C.
Mohr, Warden James S. Haviland, Lieutenant Briely, and Brian
Wittrup. Roundtree is currently incarcerated at the
Southern Ohio Correctional Facility in Lucasville, Ohio, but
the instant action pertains to events at the Allen
Correctional Institution in Lima, Ohio, where he was
incarcerated at the time Jurisdiction is proper under 28
U.S.C. § 1331.
following reasons, I dismiss this case.
events giving rise to this case began on November 8, 2016.
alleges that on November 8, 2016, he was sitting on the bed
in his cell texting on a cell phone when defendant
correctional officer Tyler Dunlap walked up to the door of
his cell and asked Plaintiff what he had in his hand.
Plaintiff stood up, tried to conceal the cell phone, and told
Dunlap that he had nothing in his hand. Dunlap asked
Roundtree if the object was a phone, and Roundtree
unsuccessfully attempted to flush the cell phone down the
toilet. According the complaint, Dunlap called for back-up
and sprayed Rountree with mace. Plaintiff claims that instead
of placing him in handcuffs, Dunlap placed him in a choke
hold and both fell to the floor. Roundtree states that he
raised his hands prior to being taken to the floor to avoid
an altercation, but which resulted in a false accusation of
assault. After they fell to the floor, Dunlap began applying
“hammer fists” to Plaintiffs ribs. (Doc. 1 at
8-9, ¶¶ 1-14).
was taken to the “hole” and a nurse came to see
him. Plaintiff told the nurse he was fine. Roundtree claims
that the next day, his rib area was painful and swollen so he
went to sick call and the nurse told him about the injuries
that came from Dunlap's hammer fists. Roundtree alleges
that he received a “second opinion from another
nurse” that there is “no cure” for sore,
cracked and broken ribs, and it took almost a year for the
pain in his ribs to go away. (Id. at 9-10,
¶¶ 16-19). That said, Plaintiff does not allege
that he was diagnosed with fractured or broken ribs, but that
he was diagnosed by three different nurses with
“bruised ribs, muscle spasms, sore neck, and bruised
muscles.” (Id. at 20-21, ¶ 14). Roundtree
does not allege that he was examined by a doctor, received
x-rays, prescribed medication for pain or muscle spasms, or
received any medical treatment.
Conduct report and RIB hearing
prepared a conduct report, which Plaintiff attached to the
complaint. The report states that Dunlap ordered Roundtree to
give him the cell phone, but Plaintiff did not comply and
instead threw a cup of coffee at Dunlap and wrestled past
Dunlap to the toilet and placed the phone in the toilet.
According to the report, Roundtree ignored Dunlap's
directives and pulled a “brown balled up paper
towel” from his underwear, which he swallowed. Dunlap
reports that he applied hammer fist strikes to Roundtree to
obtain compliance with his directives. Responding backup
officers secured Roundtree, placed him in handcuffs, and
retrieved the cell phone from the toilet. (Doc. 1-2).
was charged with violations of institutional rules 4, 20, and
51. (Doc. 1 at 17, ¶ 2). A Rules Infraction Board
(“RIB”) hearing was scheduled for November 23,
2016. (Id. at 10, ¶ 25). Defendant Lieutenant
Briely conducted the RIB hearing.
hearing, Dunlap testified that he did not see Roundtree with
a coffee cup but believed that Plaintiff threw his coffee cup
because, when the incident was over, Dunlap had coffee on his
pants leg. Briely asked Dunlap if he thought Plaintiff was
trying to hurt him or attempting to flush the cell phone, and
Dunlap answered: “flush the cell phone.”
Plaintiff claims that the assault charges against him should
have been thrown out because Dunlap's testimony at the
RIB hearing was exculpatory, and Briely overlooked
Dunlap's “perjury.” (Id. at 11,
¶¶ 27-30; see also id. at 17-18,
¶¶ 3-7). Roundtree alleges that Dunlap is trained
in martial arts, and when Roundtree testified at the RIB
hearing concerning the hammer fist strikes, Briely
acknowledged Dunlap's training. (Id. at 11,
was found guilty by the RIB of resisting arrest, assault, and
contraband, and sentenced to time served for resisting
arrest, 30 days for assault, and 30 days for contraband to be
served in the “LPH” program. (Id.
¶¶ 32-34). The RIB's ruling is not attached to
Appeal of RIB ruling and security level
appealed the RIB assault conviction to Warden Haviland and
Director Mohr. His appeal was denied, and Plaintiff complains
that neither listened to the tape of the RIB hearing even
though he explained in his appeal that Dunlap “changed
his story” at the hearing regarding the assault charge
in the conduct report. (Id. at 12, ¶¶ 35,
36). Roundtree sent multiple letters to defendant Mohr
explaining that he had overlooked evidence but was told that
the RIB's decision was final.
result of the RIB's ruling and assault conviction, a
level 4B security classification was recommended, which
Plaintiff appealed. Plaintiff states that he
“won” this appeal,  but a security level 3 was
recommended for attempting to destroy evidence. (Id.
at 13, ¶¶ 44, 50-52; Doc. 1-3). Plaintiff
unsuccessfully appealed the level 3 security recommendation
on the grounds that he was never charged with or found guilty
of attempting to destroy evidence, but his appeal was denied.
(Id. at 14, ¶¶ 54-57).
alleges that, at some point, “Columbus” was
asking why he was still at the Allen Correctional Institution
if he behaved as described in the conduct report. Plaintiff
claims that Briely and Haviland should have explained to
“Columbus” that Dunlap “changed his
story” regarding the rule 4 assault but did not do so,
and hid Dunlap's lies in the conduct report regarding the
assault charge and his level 4B security appeal.
(Id. at 12, ¶¶ 40-43; id. at 14,
¶ 58). Plaintiff was ultimately transferred to the
Southern Ohio Correctional Facility.
Setion 1983 claims and relief sought
states that he exhausted his administrative remedies
concerning the claims in the instant action. Roundtree claims
that he improperly received a level 4B security
classification because he was incorrectly convicted of
assault by the RIB which was not corrected on appeal, and
because Haviland hid and destroyed evidence concerning the
RIB hearing and Plaintiff's appeal of his 4B security
classification. (See Id. at 17-22).
seeks the following relief: (1) declaratory judgment that
Dunlap prepared a false conduct report and admitted at the
RBI hearing that the conduct report was not truthful, which
resulted in a change to Plaintiff's security level; (2)
an order vacating the disciplinary proceedings ACI-16-4347
and expunging Roundtree's record regarding those
proceedings; (3) declaratory judgment against
“defendants” whose acts and omissions violated
the laws of the Ohio and the United States Constitution; (4)
an injunction ordering “defendants” not to
overlook, spoliate, or withhold evidence; (5) an injunction
ordering correctional officers not to use unnecessary force
such as “hammer fists” and cause physical harm;
(6) an injunction prohibiting the making of false conduct
reports and accusations; and (7) compensatory and punitive
damages in the amount of $50, 000.00 from each defendant,
totaling $250.000.00, jointly and severally. (See
Id. at 23-24).