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Gray v. Perkins

United States District Court, D. New Hampshire

May 7, 2015

Jeffrey M. Gray
v.
John Perkins et al.[1]

REPORT AND RECOMMENDATION

ANDREA K. JOHNSTONE, Magistrate Judge.

Jeffrey Gray, an inmate at the New Hampshire State Prison ("NHSP"), has filed a Verified Complaint (doc. no. 1), a First Amended Verified Complaint (doc. no. 6), a Second Amended Verified Complaint (doc. no. 23), and an addendum to the Second Amended Verified Complaint (doc. no. 27).[2] The complaint documents are before the court for preliminary review, pursuant to 28 U.S.C. ยง 1915A(a) and LR 4.3(d)(1). Gray has also filed motions seeking a temporary restraining order ("TRO") and a preliminary injunction (doc. nos. 3, 12-14, 16, 19, and 28-31), which have been referred to this magistrate judge for a report and recommendation as to disposition.

Preliminary Review

I. Standard

In determining whether a pro se pleading states a claim, the court construes the pleading liberally. See Erickson v. Pardus, 551 U.S. 89, 94 (2007). Disregarding any legal conclusions, the court considers whether the factual content in the pleading and inferences reasonably drawn therefrom, taken as true, state a facially plausible claim to relief. Hernandez-Cuevas v. Taylor, 723 F.3d 91, 102-03 (1st Cir. 2013) (citing Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009)).

II. Claims to be Served

The court finds that the following claims are sufficiently stated in the complaint to allow them to proceed, without prejudice to the defendants' ability to file any appropriate motion to dismiss:

1. NHSP Librarian John Perkins and NHSP Corrections Officer ("C.O.") Roy Tripp retaliated against Gray for exercising his First Amendment right to petition the government for a redress of grievances by filing administrative grievances and this civil action, by barring Gray from the law library on and after August 29, 2014, and by causing Gray to lose his prison job, in violation of Gray's First Amendment rights.
2. NHSP C.O. Stephen P. Sullivan created a substantial risk of serious harm to Gray when Sullivan, on April 28, 2014, showed the other inmates in Gray's cell a newspaper article describing Gray's charges and conviction for sexual offenses, placing him in danger of being harmed by the other inmates, in violation of Gray's Eighth Amendment right not to be subject to cruel and unusual punishment.
3. NHSP Lt. James Brown created a substantial risk of serious harm to Gray when Brown, on November 19, 2014, told several inmates, including Gray's cellmate, that Gray had filed grievances accusing his cellmate of engaging in in appropriate sexual actions involving Gray, placing Gray in danger of being harmed by the other inmates, in violation of Gray's Eighth Amendment right not to be subject to cruel and unusual punishment.
4. New Hampshire Department of Corrections ("DOC") physician Dr. Celia Englander, NHSP Nurse Practitioners Lisa Savage and Corina Neculai, NHSP Physical Therapist Bernadette Campbell, Northern New Hampshire Correctional Facility Warden Edward Reilly, and NHSP Warden Richard Gerry, acting with deliberate indifference to Gray's serious medical needs (sleep apnea, ulcers, Helicobacter Pylori stomach disease, chronic lower back pain, and tinnitus), denied Gray constitutionally adequate medical care for those conditions, or denied Gray's grievances concerning his medical care, in violation of Gray's Eighth Amendment rights.
5. NHSP C.O. Frank H. Logan, III, violated Gray's Eighth Amendment rights to adequate medical treatment and safe conditions of confinement when he placed Gray in a top bunk, resulting in injury to Gray, despite knowing that Gray had been issued a "bottom bunk pass" by the prison medical department.
6. NHSP Sgt. Sheryl St. Peter and NHSP Lt. James Brown violated Gray's First Amendment right to freely exercise his religion by seizing and failing to return Gray's bibles, religious books, and religious pamphlets, without a compelling and legitimate reason for the seizure.
7. Unspecified defendants violated Gray's right to receive adequate dental care in prison by failing to treat his decayed and abscessed tooth, which they were aware of in September 2012, causing Gray to lose most of the ...

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