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Eugene Hamilton v. S. White

December 17, 2010

EUGENE HAMILTON, PLAINTIFF,
v.
S. WHITE, ET AL.,
DEFENDANTS.



The opinion of the court was delivered by: VICTOR B. Kenton United States Magistrate Judge

ORDER RE DISMISSAL WITH LEAVE TO AMEND

Pro se prisoner Eugene Hamilton (hereinafter referred to as "Plaintiff") filed a Civil Rights Complaint Pursuant to 42 U.S.C. §1983 on February 26, 2010, pursuant to the Court's Order re Leave to File Action Without Prepayment of Full Filing Fee. Plaintiff's Complaint is 80 pages long, repetitive, rambling, and lists 19 causes of action against 74 Defendants.

On March 3, 2010, the action was transferred from United States Magistrate Judge Carolyn Turchin to United States Magistrate Judge Victor B. Kenton for further proceedings.

PLAINTIFF'S COMPLAINT

Plaintiff alleges violations of his First, Fifth and Fourteenth Amendment equal protection rights not to be subjected to cruel and unusual punishment by "racially harbored propagation of false discipline and racially harbored deprivation of right to heard by [an] impartial hearing body." (Complaint at 26.) Plaintiff alleges on February 13, 2006, while imprisoned at Ironwood State Prison and assigned to the vocational small engine class, he suffered from a debilitating, excruciatingly painful swollen left ankle injury and was in need of medical treatment. Plaintiff alleges he was subjected to racially harbored disciplinary proceedings by Defendants that were reduced to a farce and sham as to alleged "failure to report" charges filed by Defendants Qualls, White, Patton. (Id. at 26.) Plaintiff alleges that Defendants' "retaliatory harbored ratification" culminated in the imposition of atypical and significant hardships wherein Plaintiff sustained a "retaliatory harbored life threatening spinal injury at the hands of Defendant White." (Id. at 27.) Plaintiff alleges Defendants "retaliatorily transferred him and allowed him to deteriorate at a rapid pace." (Id. at 28.)

In Plaintiff's second cause of action, he alleges on February 25, 2006, while imprisoned at Ironwood State Prison and housed with prisoner Brown, K-02190, Plaintiff was advised that he was being moved to another housing unit, allegedly due to "racially balancing of the building". (Id. at 29.) Plaintiff upon being made cognizant of the move to an upper tier cell approached the D-1 housing unit podium and advised an official that his upper tier cell should be canceled due to his medical condition and his inability to use the stairs predicated on his recently surgically repaired left knee as well as Plaintiff's medical chrono requiring lower tier bunk housing. Upon Plaintiff's return to his cell, he was confronted by Defendant S. White, who in open retaliation for Plaintiff's litigation of a February 3, 2006 CDC 602 Form grievance complaint against him, turned a retaliatory deaf ear to Plaintiff's medical concerns. (Id. at 29-30.) Plaintiff, while attempting to walk up the stairs to his cell and while carrying his property, fell down the stairs and injured his left knee, left elbow, left and right wrists, right knee, back, hip and thigh. Plaintiff filed a complaint against Defendant S. White alleging a "retaliatory harbored cell move culminating in life-threatening physical injury." (Id. at 30.) Plaintiff alleges that Defendant White's retaliatory harbored cell move culminated in Plaintiff's permanent impairment after being wheelchair-bound and suffering five different bulging discs and a cracked L5-S1 disc. (Id.)

In Plaintiff's third cause of action, he alleges that on three different occasions while imprisoned at Ironwood State Prison he was subjected to "racially retaliatory harbored discipline" despite being medically unable to attend his vocational assignment by Defendant T. Qualls. (Id. at 32.) Plaintiff alleges on December 14, 2007, he was retaliatory transferred to Corcoran State Prison and his property was impounded in Receiving and Release until January 18, 2008. Plaintiff alleges he was not allowed law library access until February 5, 2008. (Id. at 35.)

Plaintiff in his fourth cause of action alleges on March 24 and May 31, 2006, he was subjected to retaliatory harbored deliberate indifference to pain and suffering by Defendants wherein on March 24, 2006, Plaintiff suffered another episode wherein his severely painful spinal injury caused him to fall to the ground rendering him unable to ambulate due to excruciating pain. Plaintiff alleges he was precluded from seeking treatment by a doctor for his painful spinal injury by Defendants who retaliatorily refused to allow him access to a doctor. (Id. at 36.)

Plaintiff in his fifth cause of action alleges on March 6, 2006 while imprisoned at Ironwood State Prison, he was subjected to retaliatory harbored deprivation of his First, Fifth, Eighth and Fourteenth Amendment rights by being deprived of a much-needed medical transfer for his spinal injury. (Id. at 38.)

In Plaintiff's sixth cause of action, he alleges on May 16, 2006 while imprisoned at Ironwood State Prison, he was subjected to retaliation and deliberate indifference to pain and suffering by Defendants. Plaintiff alleges Defendants falsely charged him with battery on Defendant Moening and Plaintiff's cell mate, and retaliatorily transferred him to Calipatria State Prison, which culminated in 22 months of administrative segregation/security housing unit confinement coupled with Plaintiff being admitted as a patient of the prison psychiatric program after Plaintiff attempted to take his own life predicated upon such retaliatory harbored treatment. (Id. at 41.)

In Plaintiff's seventh cause of action, he alleges that he is disabled under the Americans with Disabilities Act and on June 21, 2006, while in prison, he was subjected to retaliatory harbored deprivation of his rights. (Id. at 48.) Plaintiff alleges that due to his spinal injury he needed medical accommodation of being housed in a lower tier bunk.

In Plaintiff's eighth cause of action, he alleges that Defendants have retaliated and discriminated against him in violation of the Americans with Disabilities Act. Plaintiff alleges that Defendants have been deliberately indifferent to his medical needs and to his pain and suffering. (Id. at 44-46.)

In Plaintiff's ninth cause of action, he alleges that while confined in administrative segregation his cell was unequipped for handicapped accessibility and therefore Plaintiff suffered more pain in his spine and lower back. (Id. at 47-48.)

In Plaintiff's tenth cause of action, he alleges that he was assaulted and battered by Defendants and was extracted from the unequipped non-handicapped-accessible administrative segregation cell and suffered deliberate medical/mental indifference to his pain and suffering. (Id. at 51.)

In Plaintiff's eleventh cause of action, he alleges on June 7, 2007, while imprisoned at Lancaster State Prison, he was subjected to retaliatorily harbored deliberate indifference to his pain and suffering and charged with battery on an inmate without a weapon. (Id. at 54-55.)

In Plaintiff's twelfth cause of action, he alleges that he was discriminated against and Defendants retaliatorily violated his rights and were deliberately indifferent to his medical needs. (Id. at 57.)

In Plaintiff's thirteenth cause of action, he alleges that he was subjected to retaliatory treatment by Defendants and suffered injuries. (Id. at 60-61.)

In Plaintiff's fourteenth cause of action, he alleges that Defendants retaliated against him and filed false disciplinary charges against him. (Id. at 62-63.)

In Plaintiff's fifteenth cause of action, he alleges that Defendants retaliated against him and were deliberately indifferent to his medical needs. (Id. at 64-65.)

In Plaintiff's sixteenth cause of action, he alleges Defendants were deliberately indifferent to his medical needs and tried to, while Plaintiff was hospitalized, incite racial violence against a white prisoner named Mike Barnett. (Id. at 66.)

In Plaintiff's seventeenth cause of action, he alleges that Defendants deprived him of food and pain medications. (Id. at 69-70.)

In Plaintiff's eighteenth cause of action, he alleges that while hospitalized in the ADA room complete with medical appliances Defendants removed a grab bar ...


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