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Baker v. Corbin

United States District Court, W.D. Virginia, Roanoke Division

April 11, 2017

CHRISTOPHER LEE BAKER, Plaintiff,
v.
CLAY CORBIN, et al., Defendants.

          MEMORANDUM OPINION

          Michael F. Urbanski United States District Judge

         Christopher Lee Baker, a Virginia inmate proceeding pro se, filed a civil rights complaint pursuant to 42 U.S.C. § 1983, naming Superintendent James Whitley and Captain Clay Corbin of the Northwestern Regional Adult Detention Center ("Jail") as defendants. Defendants filed a motion for summary judgment, and Plaintiff responded, making this matter ripe for disposition. After reviewing the record, the court grants Defendants' motion for summary judgment.

         I.

         The verified complaint reads in pertinent part:

I've been treated sadistically, cruelly, and unjustifiably mostly because I have medical neurological and psychological disorders. I've been placed in a cell w/ no running water, no bed, just a concrete slab to lay [sic] on for 16 hours a day[, ] [m]onths at a time. I have severe back and hip pain as well as a separated shoulder from this wrongful treatment.

         Plaintiff similarly complained about the lack of amenities on two grievance forms attached to the complaint. (Dkt. No. 2.) On the grievance filed on January 31, 2016, Plaintiff wrote:

It is against the law to take a convict's bed and force him to lay on cold concrete 16 to 17 hours a day. This is considered a violation of my constitutional and amended rights. It's cruel unusually sadistic unconstitution[al] unjustified punishment for a human being to endure. Either stop this mistreatment or I'll be forced to file a 1983 civil act for mental psychological and physical health damages that I now suffer from. Several months of this treatmen[t].

         A lieutenant responded on February 10, 2016:

The procedure of inmates housed in disciplinary segregation has not changed in a few years. The Dept. of Corrections has audited this facility and found that this area of the jail (D-seg) to be within acceptable standards of their policies and procedures. Disciplinary segregation is not meant for the enjoyment of the inmate. It is meant to deter bad behavior for the inmates. It is not sadistic or cruel and unusual punishment.

         Plaintiff appealed the lieutenant's response, and Capt. Corbin deemed the grievance unfounded on February 12, 2016.

         On the grievance form dated May 2, 2016, Plaintiff wrote:

I have in the past and am now currently surveing [sic] sanctions which i[s] in a cold cell with no running water and nothing but a cold concrete bloc[k] to set [sic] on during a period of 16 hours a day for months at a time. I have committed acts in the past that I deserved sanctions. But for the most part I've been forced to suffer these cruel sadistic and unusual conditions and psychiatric disorders I have. I have been di[a]gnosed with the following: Tourette syndrome involuntary movements and vocalizations, conduct disorder, 'solitary aggressive type' A.D.H.D., personality disorder, Dysthymia, P.T.S.[D.], and several more. I have mental health evaluations that state[] the above. I am tired of being abused and mistreated cruel and sadistically for things I have no control over. Such as loud verbal out bursts, hitting a door with my hand involuntarily. I am fileing [sic] a long over do [sic] 1983 civil act for the mistreatment of a humanizing w/mental and medical disorders.

         A lieutenant replied on May 12, 2016:

The mistreatment you are describing in the above narrative has been grieved before. This was back in February of 2016[, ] .. . [which] was deemed unfounded by the Capt. of Security on 2-12-16. The Department of Corrections has reviewed this facility's Disciplinary Segregation Policy. They did not view this policy as cruel, sadistic, or inhumane. Disciplinary segregation was not made for an ...

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