United States District Court, D. Montana, Great Falls Division
ORDER AND FINDINGS AND RECOMMENDATIONS OF UNITED
STATES MAGISTRATE JUDGE
Johnston, United States Magistrate Judge
Timothy Wright filed an Amended pursuant to 42 U.S.C. §
1983 alleging Defendants failed to protect him and denied him
proper medical care. In a prior Order, the Court determined
that Mr. Wright's original Complaint failed to state a
claim upon which relief may be granted and was subject to
dismissal. Mr. Wright has now filed an amended complaint in
which he requests the appointment of counsel. (Doc. 9.) Mr.
Wright failed to correct the deficiencies in his Complaint
identified in the Court's prior Order. As such, this
matter should be dismissed. In light of the recommendation to
dismiss this case, the request for the appointment of counsel
will be denied.
STATEMENT OF THE CASE
Wright is a state prisoner proceeding without counsel. He is
proceeding in forma pauperis. Mr. Wright is currently
incarcerated at Montana State Prison. All claims alleged in
his Complaint arose while he was incarcerated at Crossroads
Correctional Center in Shelby, Montana.
Wright names the same Defendants as named in his original
Complaint: Security Chief A. Busby, Chief of Unit Management
Duane Stewart, Warden Doug Fender, and all medical staff in
2015. (Amended Complaint, Doc. 9 at 3-5.)
Wright alleges his rights under the Eighth and Fourteenth
Amendments to the United States Constitution have been
violated in that he has been subjected to cruel and unusual
punishment and denied equal protection. (Amended Complaint,
he alleges he was in a physical relationship with a female
staff member at Crossroads. When another inmate learned of
the relationship he tried to blackmail the female staff
member. The female staff member reported the blackmail and
was fired. The inmate who tried to commit blackmail received
an infraction report for trying to engage in a physical
relationship with a staff member and was taken to lockdown.
Mr. Wright, however, was not given an infraction. He was sent
back to his housing unit and was not placed on separation
status. On March 18, 2015, he was assaulted by one individual
and was assaulted by two individuals on March 19, 2015. He
seeks to hold Defendants Fender, Busby, and Stewart
responsible for these assaults. (Amended Complaint, Doc. 9-1
Wright was placed in locked housing on March 20, 2015 when he
continued to complain of problems from the assault. He was
transported to the hospital on March 24, 2015. (Amended
Complaint, Doc. 9-1 at 2-3.)
Wright is a prisoner proceeding in forma pauperis so the
Court must review his Amended Complaint under 28 U.S.C.
§§ 1915, 1915A. Sections 1915A(b) and 1915(e)(2)(B)
require the Court to dismiss a complaint filed in forma
pauperis and/or by a prisoner against a governmental
defendant before it is served if it is frivolous or
malicious, fails to state a claim upon which relief may be
granted, or seeks monetary relief from a defendant who is
immune. from such relief.
Failure to Protect
forth in the Court's prior Order, “[p]rison
officials have a duty to take reasonable steps to protect
inmates from physical abuse.” Hoptowit v. Ray,
682 F.2d 1237, 1250-51 (9th Cir. 1982); see also Farmer
v. Brennan, 511 U.S. 825, 833 (1994); Robinson v.
Prunty, 249 F.3d 862, 866 (9th Cir. 2001). To establish
a violation of this duty, the prisoner must establish that
prison officials were “deliberately indifferent”
to serious threats his safety. See Farmer, 511 U.S.
at 834. The prisoner must show that “the official
[knew] of and disregard[ed] an excessive risk to inmate . . .
safety; the official must both be aware of facts from which
the inference could be drawn that a substantial risk of
serious harm exists, and ...