United States District Court, D. Connecticut
KYRON M. SANDS, Plaintiff,
DEPUTY WARDEN MUDANO, et al., Defendants.
INITIAL REVIEW ORDER PURSUANT TO 28 U.S.C. §
Jeffrey Alker Meyer United States District Judge
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.
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
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.
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).
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.
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).
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
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).
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).
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 (¶
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 ...