Talbert v. Dep't of Corr.

1

CHARLES TALBERT v. DEPARTMENT OF CORRECTIONS, MR. COOPER, MR. GARMAN, MR. GREEN, MR. PISTON, MS. JORDAN, MR. NESMITH, MR. BRUCE, MR. CASEY, MR. BEESLEY

Civil Action No. 23-2255

United States District Court, E.D. Pennsylvania

July 31, 2023

MEMORANDUM

KEARNEY, J.

The incarcerated Charles Talbert repeatedly sues state actors challenging his conditions of custody as he moves among different prisons addressing state court charges in different counties. He states a claim sometimes; most times he does not. He then later alleges state actors retaliate against him because he earlier sued other state actors. We today meet our Congressionally mandated obligation in screening a far-ranging series of allegations against several persons at two prisons claiming correctional officers and supervisors violated, and conspired to violate, his First, Eighth, and Fourteenth Amendment rights, the Department of Corrections violated his rights under the Americans with Disabilities Act, and some correctional officers are liable for assault and battery. Mr. Talbert may proceed on his Eighth Amendment excessive force claim against those allegedly directly involved in specifically plead conduct. He may also proceed on his Fourteenth Amendment claim and state law assault and battery claims against two officers alleged to have sprayed him with oleoresin capsicum spray. He may also proceed against the Department of Corrections on his disabilities discrimination claims based on his respiratory and circulatory disabilities. Mr. Talbert may now timely serve the remaining parties. We can test his surviving allegations. We dismiss his remaining claims without prejudice.

I. Alleged pro se facts

The incarcerated Charles Talbert presents asthma and hypertension conditions while moving around several of the Commonwealth's correctional facilities managed by the Pennsylvania Department of Corrections.^[1] His most recent health-based claims arise from an unidentified individual diagnosing Mr. Talbert with respiratory and circulatory system disabilities including asthma and hypertension between March and June 2023.^[2] A unnamed medical provider prescribed Mr Talbert an inhaler for his asthma and Losartan for his hypertension after his diagnoses.^[3] Mr. Talbert's high blood pressure has increased because of stressful conditions while incarcerated.^[4] He also regularly sues state actors including correctional officers leading us to bar his continued filings without paying the docket fees unless he faces imminent harm of danger.^[5]

Department of Corrections employees-including those he sues-knew of Mr. Talbert's medical conditions and history of lawsuits, prison grievances, and complaints against other staff.^[6]

Correctional officers spray Mr. Talbert with oleoresin capsicum.

The Department of Corrections detained Mr. Talbert at SCI Coal Township some time before March 31, 2023.^[7] Mr. Talbert covered his cell door window with unknown materials for unknown reasons on March 31, 2023.^[8] SCI Coal Township Correctional Officer Casey “maliciously, sadistically, and with reckless indifference to [Mr. Talbert's] asthma” sprayed oleoresin capsicum through the covered vent.^[9] Mr. Talbert asphyxiated and suffered “other respiratory system complications” from the oleoresin capsicum spray.^[10] Unnamed correctional officers eventually moved Mr. Talbert from his “small contaminated cell” to the infirmary where he remained for one day under medical observation.^[11]

Mr. Talbert returned to his “contaminated cell” the next day.^[12] He cleaned his cell to “decontaminate his living area”, washed his clothes, and begun to hang them up to dry when Correctional Officer Beesley approached him.^[13] Correctional Officer Beesley “harass[ed]” Mr. Talbert with unpleaded derogatory, verbal remarks and banged the cell door with a metal object.^[14]Correctional Officer Beesley walked away from the cell door and then returned to “maliciously, sadistically, and in reckless indifference to [Mr. Talbert's] asthma” spray him through the vent with oleoresin capsicum spray.^[15] Mr. Talbert again asphyxiated and suffered other respiratory complications from the oleoresin capsicum spray.^[16] Unnamed correctional officers later moved Mr. Talbert from his cell to the infirmary for an unidentified period of time.^[17]

Mr. Talbert claims a “campaign of retaliation” after transfer to SCI Phoenix.

The Department of Corrections transferred Mr. Talbert from SCI Coal Township to SCI Phoenix because of “open criminal matters” on April 18, 2023.^[18] Mr. Talbert filed an abuse complaint through the Department of Corrections concerning the oleoresin capsicum spray incident with Correctional Officer Beesley at some unknown time between April 1, 2023 and April 28, 2023.^[19] Mr. Talbert interviewed with an unnamed Department of Corrections' security officer about Correctional Officer Beesley's conduct stemming from his complaint on April 28, 2023.^[20]Mr. Talbert claims SCI Phoenix supervisors and employees then “began a campaign of retaliation” because of his complaint against Correctional Officer Beesley and a recent settlement against former SCI Phoenix employee Dennis A. Brown.^[21] This “campaign of retaliation” involved correctional officers discontinuing Mr. Talbert's medical diet, calling Mr. Talbert a “snitch,” withholding his mail, depriving him of his dinner, and denying him prison grievances over the span of two months.^[22]

Correctional officers discontinue Mr. Talbert's medical diet.

Dr. Pinky Bora Saikia prescribed Mr. Talbert a “medical therapeutic diet” on April 27, 2023.^[23] The diet required Mr. Talbert be given two trays each meal with a peanut butter and jelly sandwich as a “therapeutic snack” accommodating his gastrointestinal tract disability.^[24] Dietician Cooper discontinued Mr. Talbert's medical diet on May 5, 2023 at SCI Phoenix “in retaliation” for Mr. Talbert suing the Department of Corrections, Secretary George Little, and former Dietician Anne Brown.^[25] Mr. Talbert suffered hunger pains, starvation, dehydration, fatigue, malabsorption of vitamins, malnutrition, and diarrhea from the discontinued medical diet.^[26]

Correctional officers call Mr. Talbert a “snitch.”

SCI Phoenix Sergeants Green and Piston and SCI Phoenix Correctional Officers Jordan, Nesmith, and Bruce “routinely” called Mr. Talbert a “snitch” in front of other incarcerated individuals “in an attempt to cause hostility and get him injured” between May and June 2023.^[27]Mr. Talbert informed SCI Phoenix Unit Manager Smith, Counselor Watkins, and Lieutenants McCain and Garman of the Correctional Officers' behavior on May 25, 2023 and May 26, 2023.^[28]But they all turned a “blind eye[.]”^[29] Unit Manager Smith, Counselor Watkins, and Lieutenants McCain and Garman did not investigate Mr. Talbert's allegations.^[30]

Correctional officers withhold Mr. Talbert's mail.

Mr. Talbert subscribed to publications and received mail while incarcerated at SCI Phoenix.^[31] Correctional Officers Jordan, Nesmith, and Bruce “routinely depriv[ed]” Mr. Talbert of his incoming communications between May and June 2023 because of his “litigious behavior.”^[32] Mr. Talbert informed Unit Manager Smith, Counselor Watkins, and Mail Inspector Supervisor Long of the Correctional Officers' actions but they did not investigate his claim.^[33]

Correctional officers deprive Mr. Talbert of his dinner.

Sergeants Green and Piston and Lieutenant Garman helped Correctional Officers Jordan, Nesmith, and Bruce in depriving Mr. Talbert of his dinner sometime between May 25, 2023 and June 2023.^[34] Mr. Talbert told Unit Manager Smith, Counselor Watkins, and Lieutenant McCain how they denied him dinner.^[35] But they “refused to” investigate the claim.^[36] Correctional officers deny Mr. Talbert grievance forms.

Mr. Talbert at unidentified times “repeatedly” asked unnamed individuals for prison grievance forms so “he could exhaust his administrative remedies[.]”^[37] But SCI Phoenix employees and “their co-workers” denied Mr. Talbert the forms.^[38]

II. Analysis

Mr. Talbert pro se sues the Department of Corrections; Secretary Little; Dietician Cooper; Unit Manager Smith; Counselor Watkins; Mail Inspector Supervisor Long; Lieutenants Garman and McCain; Sergeants Green and Piston; and Correctional Officers Nesmith, Jordan, Bruce, Casey, and Beesley in their individual and official capacities.^[39] Mr. Talbert's pro se Complaint, construed in the most liberal fashion without speculation, seemingly tries to plead claims against these entities and individuals for: violating the First, Eighth, and Fourteenth Amendments; violating the Americans with Disabilities Act; battery and assault under Pennsylvania Law; and civil conspiracy. Mr. Talbert claims the Department of Corrections and its employees targeted him and violated his civil rights because of his “litigious behavior[.]”^[40] And Mr. Talbert alleges the Department of Corrections, through its Secretary George Little, did not properly train its employees or create policies providing appropriate measures for individuals with respiratory, digestive, and/or circulatory disabilities, which caused Mr. Talbert to suffer adverse health conditions.^[41] Mr. Talbert claims he suffered physical harm, mental anguish, increased blood pressure, and stress because of the civil rights violations against him.^[42] He seeks monetary damages, punitive damages, injunctive relief, and legal fees.^[43]

We must screen Mr. Talbert's allegations for merit before issuing summons as Mr. Talbert knows from his earlier cases. Congress requires us to screen Mr. Talbert's Complaint under 28 U.S.C. § 1915A.^[44] We must “review, before docketing if feasible or, in any event, as soon as practicable after docketing, a...