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Montgomery v. Ferentino

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

December 31, 2019

PRICE MONTGOMERY, Plaintiff,
v.
MAURICE FERENTINO, et al., Defendants.

          MEMORANDUM OF OPINION AND ORDER

          BENITA Y. PEARSON UNITED STATES DISTRICT JUDGE.

         In his Complaint (ECF No. 1), Pro Se Plaintiff Price Montogomery, a federal inmate, asserts claims against 26 Defendants pursuant to 42 U.S.C. § 1983 and Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388 (1971). Plaintiff claims that the Defendants, acting under color of federal law, violated his constitutional rights under the Sixth, Eighth, and Fourteenth Amendments to the United States Constitution because they interfered with his right to counsel, were deliberately indifferent to his health and safety, and conspired to violate his constitutional rights. ECF No. 1 at PageID #: 1-2, ¶ 1-2. Plaintiff also claims that, pursuant to 28 U.S.C. § 1367, the Court has supplemental jurisdiction over his state law allegations of intentional misrepresentation and infliction of emotional distress. ECF No. 1 at PageID #: 2, ¶ 1, 3. Montgomery seeks monetary relief. ECF No. 1at PageID #: 45-46.

         I. Background

         Plaintiff states that at the time of the events at issue, he was a pretrial detainee at the Northeast Ohio Correctional Center (“NEOCC”), also known as Corrections Corporation of America (“CCA”), in Youngstown, Ohio. ECF No. 1 at PageID #: 2, ¶ 4. NEOCC is a private prison owned and operated by CCA, and the Federal Bureau of Prisons has contracted with CCA[1]to house and provide services to federal prisoners. See Ayon v. Ne. Ohio Corr. Ctr., 478 Fed.Appx. 999, 1000 (6th Cir. 2012); see also Schumacher v. Corr. Corp. of Am., No. 4:15CV01919, 2016 WL 3629015, at *2 (N.D. Ohio July 7, 2016) (Pearson, J.) (“CCA is a private corporation that operates a federal prison (NEOCC).”).

         All Defendants are sued in their individual capacities, and identified by Plaintiff in the Complaint as follows:

1. Maurice Ferentino - an agent of Alcohol Tobacco and Firearms agency. ECF No. 1 at PageID #: 2, ¶ 5.
2. Jamie Ball - an agent of Internal Revenue Service Agency. ECF No. 1 at PageID #: 2, ¶ 6.
3. Neil Carmen - an agent of Alcohol Tobacco and Firearms agency. ECF No. 1 at PageID #: 2, ¶ 7.
4. Robert Iuzzolino - Regional Director Pennsylvania Office of Attorney General. ECF No. 1 at PageID #: 2, ¶ 8.
5. Timothy Rush - Pittsburgh Police Department detective. ECF No. 1 at PageID #: 3, ¶ 9.
6. David Yemma - employed by CCA as Chief of Security. ECF No. 1 at PageID #: 3, ¶ 10.
7. Ryan Wyman - employed by CCA as a Safety in Security (S.I.S.) Officer. ECF No. 1 at PageID #: 3, ¶ 11.
8. Alphonso Evans - inmate at CCA acting as an agent for the government. ECF No. 1 at PageID #: 3, ¶ 12.
9. Marzelle Turner - an inmate at CCA acting in concert with a government agent. ECF No. 1 at PageID #: 3, ¶ 13.
10. Michael Pugh - employed by CCA as the Warden. ECF No. 1 at PageID #: 3, ¶ 14.
11. Laura Beddard - employed by CCA as the Warden. ECF No. 1 at PageID #: 3, ¶ 15.
12. Latosia Austin - employed by CCA as the Unit Manager. ECF No. 1 at PageID #: 3, ¶ 16.
13. Patricia Macklin - CCA employee, title unknown. ECF No. 1 at PageID #: 3, ¶ 17.
14. Robert Macklin - employed by CCA as a S.I.S. Officer. ECF No. 1 at PageID #: 3, ¶ 18.
15. Dennis Johnson - employed by CCA as the Assistant Warden. ECF No. 1 at PageID #: 3, ¶ 19.
16. Lisa Antonucci - employed by CCA as the Quality Assurance Manager and Disciplinary Hearing Officer. ECF No. 1 at PageID #: 4, ¶ 20.
17. Jennifer Frazzini - employed by CCA as the Chief of Unit Management. ECF No. 1 at PageID #: 4, ¶ 21.
18. Amy Sullivan (aka Amy Bundy) - employed by CCA as Grievance Coordinator. ECF No. 1 at PageID #: 4, ¶ 22.
19. Christopher LaRose - employed by CCA as the Warden. ECF No. 1 at PageID #: 4, ¶ 23.
20. Unit Manager Modelski - employed by CCA as the Unit Manager. ECF No. 1 at PageID #: 4, ¶ 24.
21. Anna Cox - employed by CCA as the Records Manager. ECF No. 1 at PageID #: 4, ¶ 25.
22. Jeff Dutton - employed by CCA as a counselor. ECF No. 1 at PageID #: 4, ¶ 26.
23. Capt. Dragovich - employed by CCA as a Captain. ECF No. 1 at PageID #: 4, ¶ 27.
24. Jennifer McIntosh - employed by CCA as the Central Control Officer. ECF No. 1 at PageID #: 4, ¶ 28.
25. Charlotte Daniel - employed by CCA, title unknown. ECF No. 1 at PageID #: 4-5, ¶ 29.
26. Sean Daucherty - employed by CCA as an S.I.S. Officer and Investigator. ECF No. 1 at ...

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