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Sands v. Mudano

United States District Court, D. Connecticut

January 19, 2017

KYRON M. SANDS, Plaintiff,
v.
DEPUTY WARDEN MUDANO, et al., Defendants.

          INITIAL REVIEW ORDER PURSUANT TO 28 U.S.C. § 1915A

          Jeffrey Alker Meyer United States District Judge

         Plaintiff Kyron M. Sands is confined at the Robinson Correctional Institution. He has filed a complaint pro se and in forma pauperis under 42 U.S.C. § 1983. Plaintiff names eleven individual defendants, all officers or staff at Robinson. Plaintiff alleges that he was severely beaten by several of the defendants, and he seeks money damages for defendants' use of excessive force and deliberate indifference to his subsequent medical needs. After an initial review, the Court concludes that the complaint should be served on all but two of the defendants.

         Background

         Plaintiff names eleven defendants: Deputy Warden Guiliana Mudano, Lieutenants Iozzia and Meeker, Judicial Marshals Gregory Seely and Secondi, Correctional Officers Muckle, Miller, Duggan, Messier, and Stadalnik, and Nurse Chuck Evans. Doc. #1 at 1. Because plaintiff seeks only money damages, the Court assumes that he has named all defendants in individual capacity only.

         The following allegations from plaintiff's complaint are accepted as true for purposes of the Court's initial review. On March 12, 2014, plaintiff was in a holding cell at Corrigan Correctional Institution waiting to be transported to court with several other inmates. Id. at 5 (¶ 1). He told judicial marshals that he was hearing voices and was not taking his psychiatric medication. Plaintiff asked that he be handcuffed at the end of the line of inmates so he could sit near the door and be more comfortable. Secondi agreed to the request. Ibid.

         When the marshals began handcuffing the inmates, Seely refused to handcuff plaintiff at the end of the line. Instead, plaintiff was handcuffed second to last in the line. Id. at 5 (¶ 2). As the inmates were entering the transport van, plaintiff again asked Seely to be seated near the door, but Seely again refused. Id. at 5 (¶ 3).

         When the inmates were entering the van, Seely asked plaintiff if he had a problem. Plaintiff responded “yeah, I already fucking told you my problem.” Id. at 5 (¶ 4). Seely told plaintiff to get in the van. Ibid.

         While getting into the van, Seely overheard plaintiff speaking with another inmate and asked plaintiff what he said. Plaintiff replied that he had said “that you marshalls are always doing this shit.” Id. at 6 (¶ 5). Seely then grabbed plaintiff by his uniform and slammed him off of the van and face-down onto the pavement while yelling at plaintiff. Id. at 6 (¶ 6). Seely, Secondi, Muckle, Miller, Duggan, Messier, and Stadalnik all then jumped on plaintiff while he was on the ground and still handcuffed to other inmates. They injured plaintiff's head, face, eye, neck, and back. They twisted his body parts and pulled his genitals. All of the other inmates witnessed this use of force, which also occurred directly in front of a surveillance camera. Id. at 6 (¶ 7).

         Plaintiff was brought back inside the facility, handcuffed, and warned that he would be pepper sprayed if he resisted the officers. Plaintiff was placed in the holding cell by himself. He asked to see a nurse and a mental health worker. Eventually a state police officer came to the facility and told plaintiff that he was being arrested for assault. Plaintiff stated that he was the one assaulted and asked to press charges. The police officer asked him if he wanted to write a statement admitting that he assaulted Seely; plaintiff refused. Id. at 6 (¶ 8).

         When medical staff came to the cell about an hour after the incident, plaintiff reported injuries to his head, face, neck, and eye, as well as back pain and a headache. The nurse treated a cut on his eye and wiped blood from his eyes, but did not provide any further care. Medical staff refused to photograph any injuries. The nurse refused to call mental health staff. Id. at 6 (¶ 9).

         Plaintiff was transported back to Garner Correctional Institution. He asked to see medical and mental health staff, but they never came to his cell. Plaintiff notified Meeker of the incident. She refused to help him and sent him to restrictive housing. Id. at 6 (¶ 10). Once in restrictive housing, plaintiff requested medical and mental health treatment. He was again denied. Id. at 8 (¶ 11).

         Next, disciplinary officer Fernandez, who is not named as a defendant in this action, met with plaintiff and advised him to enter a guilty plea. Fernandez told plaintiff that it was his word against a correctional officer. He promised plaintiff a sanction of seven days in restrictive housing, thirty days loss of phone, and thirty days loss of visits if he pled guilty, compared with a minimum of thirty days in restrictive housing if he did not. Id. at 8 (¶ 12).

         Plaintiff served seven days in restrictive housing without any medical treatment. Since then, he has been affected by problems stemming from his injuries every day, including blurred vision, migraine headaches, neck ...


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