United States District Court, S.D. Georgia, Augusta Division
MAGISTRATE JUDGE'S REPORT AND
K. EFPS UNITED STATES MAGISTRATE JUDGE.
an inmate at Augusta State Medical Prison
(“ASMP”) in Grovetown, Georgia, commenced the
above-captioned case pursuant to 42 U.S.C. § 1983.
Because he is proceeding in forma pauperis,
Plaintiff's complaint must be screened to protect
potential defendants. Phillips v. Mashburn, 746 F.2d
782, 785 (11th Cir. 1984); Al-Amin v. Donald, 165 F.
App'x 733, 736 (11th Cir. 2006).
SCREENING OF THE COMPLAINT
complaint signed on March 28, 2017, and received by the Clerk
of Court for filing on April 11, 2017, Plaintiff names the
following Defendants: (1) S. Lewandowski, a correctional
officer at ASMP; (2) Jane Doe, a nurse at ASMP; and (3) Tony
Cummings, a correctional officer at ASMP. (See doc.
no. 1, pp. 1, 4.) Taking all of Plaintiff's factual
allegations as true, as the Court must for purposes of the
present screening, the facts are as follows.
February 20, 2015, Defendant Lewandowski came into
Plaintiff's dormitory, and Plaintiff advised him that he
needed to use the telephone at 7:30 a.m. (Id. at 5.)
Defendant Lewandowski told Plaintiff he was the first to ask
for the telephone and thus could have the phone at 7:30 a.m.
(Id.) Nevertheless, another inmate got the phone
first and refused to give it back to Defendant Lewandowski
when requested. (Id.) Defendant Lewandowski left and
returned later with a nurse, Defendant Jane Doe, to conduct
the “A.M. Pill Call.” (Id.) When the two
got to Plaintiff's cell, he stuck his hand out the flap
to his door to get his pills, but also began to address
Defendant Lewandowski about the earlier phone issue.
Lewandowski grabbed Plaintiff's wrist and threatened to
hurt him. (Id. at 6.) As the officer began to twist
and bend Plaintiff's left arm, Plaintiff put his right
hand out of the tray flap in attempt to free his wrist from
Defendant Lewandowski. (Id.) Then the nurse
conducting pill call grabbed Plaintiff's right arm and
began pulling, twisting, and bending it. (Id.) When
the two stopped twisting his arms and walked away, Plaintiff
noticed blood dripping from a cut near his left elbow.
tray flap had not been re-secured, Plaintiff began yelling
after Defendant Lewandowski that he needed to go to the
medical department. (Id.) The officer, and several
others who came through the dormitory after the encounter,
re-secured the tray flap but ignored Plaintiff's
entreaties for medical treatment for the cut on his elbow.
(Id. at 6-7.) Plaintiff was eventually taken to the
showers, but not to the medical department. (Id. at
that same afternoon, a mental health counselor came through
the dormitory, and when Plaintiff told her what had happened
with Defendant Lewandowski and the pill call nurse, she had
officers in the dormitory open the tray flap on
Plaintiff's door. (Id.) Defendant Cummings and
the nurse were in the dormitory at the time the mental health
counselor had the tray flap opened and expressed her
intention to report the incident to a lieutenant.
(Id.) Approximately half an hour later, Defendants
Cummings and Lewandowski returned to Plaintiff's cell
“and initiated further assault.” (Id. at
Cummings sprayed Plaintiff with pepper spray and slammed
Plaintiff's left arm in tray flap while also twisting,
pulling, and kicking the arm. (Id.) Defendant
Lewandowski joined the fray by grabbing Plaintiff's right
hand, and then Defendant Cummings again discharged his pepper
spray through the tray flap before re-securing it and
leaving. (Id.) Plaintiff was not taken to the
medical department until the next day, February 21, 2015.
attached numerous written statements concerning the events of
February 20, 2015, with the first one dated February 21,
2015. (Id. at 11.) On February 22, 2015, Plaintiff
signed his grievance regarding the events of February 20th.
(Id. at 29.) The grievance was forwarded the Georgia
Department of Corrections Internal Investigation Unit
(“IIU”) due to the nature of Plaintiff's
allegations, a non-appealable decision that closed
Plaintiff's grievance, and a memorandum explaining this
procedure was prepared. (Id. at 30, 35.) On March
30, 2015, Plaintiff acknowledged receipt of the Warden's
response to his grievance, which again explained the matter
had been forwarded to the IIU. (Id. at 28, 33.)
Plaintiff also attached letters he wrote on March 24 and
April 8, 2015, detailing that he had been interviewed by an
IIU investigator, Ms. Platt, on March 16, 2015. (Id.
point thereafter, Plaintiff transferred to Georgia State
Prison, but returned to ASMP on September 9, 2016.
(Id. at 22.) Upon his return, he saw two of the
three named Defendants still working at ASMP. (Id.
at 23.) Plaintiff wrote a letter on December 10, 2016,
complaining that he never received any results from the IIU
about his prior encounter with Defendants on February 20,
2015, and warning of his intention to file this lawsuit.
(Id. at 22-23, 37-38.) Plaintiff seeks compensatory
and punitive damages from all three Defendants. (Id.