Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Graham v. Connors

United States District Court, M.D. Pennsylvania

October 9, 2019

FREDERICK GRAHAM, Plaintiff
v.
IAN CONNORS, et al., Defendants

          MEMORANDUM

          KANE JUDGE

         On August 29, 2019, pro se Plaintiff Frederick Graham (“Plaintiff”), who is presently confined at the United States Penitentiary in Lewisburg, Pennsylvania (“USP Lewisburg”), initiated the above-captioned action by filing a complaint pursuant to Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388 (1971), in the United States District Court for the Eastern District of Pennsylvania. (Doc. No. 1.) In an Order dated September 4, 2019, that court transferred the action to this Court for further proceedings. (Doc. No. 4.)

         On September 11, 2019, Plaintiff filed a motion for permanent injunctive relief (Doc. No. 6) and motion for a temporary injunction (Doc. No. 7). In an administrative Order dated September 12, 2019, the Court directed Plaintiff either to pay the requisite filing fee or file a completed motion for leave to proceed in forma pauperis within thirty (30) days. (Doc. No. 10.) On September 18, 2019, the Court received from Plaintiff a motion requesting permission to use the Court's electronic filing system (Doc. No. 11) and a motion pursuant to Local Rule 26.1(f) (Doc. No. 12). The next day, Plaintiff filed a supplement to his motion for a temporary injunction (Doc. No. 13) and a supplemental motion for injunction (Doc. No. 14).

         In an Order dated September 20, 2019, the Court noted that in his supplement, Plaintiff requested an emergency court order on the basis that he is experiencing organ failure due to his hunger strike, which has caused him to miss at least 219 consecutive meals. (Doc. No. 15.)

         Plaintiff suggested that medical staff at USP Lewisburg were not providing adequate medical care in the form of a proper force-feeding protocol. (Id.) Given Plaintiff's allegations of immediate harm, the Court directed the Government to respond to Plaintiff's motions for injunctive relief by 12:00 p.m. on Monday, September 23, 2019. (Id.) The Government filed its brief in opposition (Doc. No. 17) and exhibits in support thereof (Doc. No. 18) on September 23, 2019.

         On September 23, 2019, Plaintiff filed a motion for leave to proceed in forma pauperis (Doc. No. 19), a copy of his prisoner trust fund account statement (Doc. No. 20), and a motion for a temporary injunction (Doc. No. 21). In an administrative Order dated September 23, 2019, the Court directed the Warden of USP Lewisburg to provide to the Court, within fifteen (15) days, a certified copy of Plaintiff's inmate account statement. (Doc. No. 22.) The Court received the certified statement on September 30, 2019. (Doc. No. 23.) Pursuant to the Prison Litigation Reform Act of 1995 (“PLRA”), [1] the Court will perform its mandatory screening of Plaintiff's complaint. For the reasons set forth below, the Court will grant Plaintiff's motion for leave to proceed in forma pauperis, dismiss his complaint with leave to amend, and deny his various motions for relief.

         I. BACKGROUND

         A. Plaintiff's Complaint

         Plaintiff names Ian Connors (“Connors”) as the sole Defendant in this action.[2] Plaintiff states:

Comes now, Fredrick Graham, Plaintiff in above cause arising against conspirators, private contractors and Defendants employed at the federal prison and region of U.S.P. Lewisburg, PA (SMU)-(Special Management Unit); and FCC Terre Haute (USP), and U.S.P. Florence, CO (High); Graham is a federal prisoner housed at the LEW (SMU), and has been on a full hunger strike for (151 missed meals); additionally and seeks a[n] “injunctive relief” in the process of the “change of venue” to Pennsylvania. Mr. Graham has been denied adequate medical treatment, and has been in the allegedly seriously harsh conditions of confinement due to the private contractor Dr. A. Edinger, Regional Directors and Wardens creating this request for permanent injunction; daily force feedings; hospital placement or closure of (SMU).
Wherefore, Mr. Graham (Plaintiff) now gives all claims jurisdiction to the Clerk of the Court of the (Special Management Unit) at U.S.P. Lewisburg, PA that [arose] out of Cause No. 2:19-cv-00276 JRS-(DLP)[3] for change of venue jurisdiction, to give Pennsylvania (Defendants) employed as cooperators and (Graham) the ability to present their responses . . . for, or instead of transfer arising out of the closing process of the (SMU) program here at LEW (SMU), and other procedural rights under “Bivens” and § 1985(3) claims.

(Doc. No. 1 at 1-2.)

         B. Plaintiff's Various Motions

         Plaintiff has filed several motions for relief, many of which seek, in part, injunctive relief related to his hunger strike. In his motion for permanent injunctive relief, Plaintiff maintains that he has been on a “food/water strike” for over fifty (50) days and has missed 151 meals “to provide prisoners su[b]stantial rights; protections against harsh mistreatment; malpractice and guarantee proper medical assistance during hunger strikes instead of allowing inmates to die.” (Doc. No. 6 at 2 (internal quotation marks omitted).) As relief, he seeks the termination of Dr. Edinger's license as a clinical director because Dr. Edinger supervises staff who allegedly have: (1) force-fed Plaintiff under unsanitary conditions; (2) required Plaintiff to walk upstairs after he was forced to stand in a holding cell; (3) refused to allow Plaintiff to visit an outside hospital; (4) discontinued force feedings without notice; (5) refused to give Plaintiff IV fluids; (6) failed to treat ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.