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Sutton v. Profecto

United States District Court, D. Colorado

July 22, 2015

JOSHUA LAMONT SUTTON, Plaintiff,
v.
PROFECTO, Mr., JOHN DOE 1, JOHN DOE 2, MRS. MOORE, RICHARD POUNDS, MR. O’CONNOR, JOHN DOE 3, JOHN DOE 4, and JANE DOE, Defendants.

ORDER DIRECTING PLAINTIFF TO FILE THIRD AMENDED COMPLAINT

GORDON P. GALLAGHER UNITED STATES MAGISTRATE JUDGE

Plaintiff, Joshua Lamont Sutton, is a prisoner in the custody of the Colorado Department of Corrections at the Centennial Correctional Facility in Canón City, Colorado. Mr. Sutton has filed pro se a Second Amended Complaint (ECF No. 6) pursuant to 42 U.S.C. § 1983 asserting violations of his constitutional rights from 1999 to 2011. Mr. Sutton seeks damages and declaratory relief.

The court must construe the Second Amended Complaint liberally because Mr. Sutton is not represented by an attorney. See Haines v. Kerner, 404 U.S. 519, 520-21 (1972); Hall v. Bellmon, 935 F.2d 1106, 1110 (10th Cir. 1991). However, the court should not be an advocate for a pro se litigant. See Hall, 935 F.2d at 1110. For the reasons stated below, Mr. Sutton will be directed to file a Third Amended Complaint.

I. Allegations of the Second Amended Complaint.

Mr. Sutton alleges the following facts in the Second Amended Complaint. In August 1999, he was incarcerated at the Arkansas Valley Correctional Facility (AVCF), where Defendant Profecto, a case manager, intentionally placed him in a cell with inmate Harris, who was a known to sexually assault his male cell mates. Harris repeatedly punched and fondled Plaintiff and told Plaintiff that he would not cease his behavior unless Plaintiff cooperated with his sexual proclivities. When Plaintiff complained to Defendant John Doe 1, a shift commander, and asked to be separated from Harris, Defendant told him to return to his cell. In April 2000, Mr. Sutton beat his cell mate unconscious because of the stress and was placed in isolation by Defendant John Doe 2, a case manager, for over a year before he was released on mandatory parole. Plaintiff was denied access to mental health treatment during that time. After Mr. Sutton violated parole and was reincarcerated, he repeatedly choked or punched inmates and was diagnosed with psychosis caused by post-traumatic stress disorder.

In April 2002, while Plaintiff was incarcerated at Centennial Correctional Facility (CCF) following his parole violation, he told Defendant Moore, a case manager, that he had received threats from other inmates as a result of his reporting on Harris, but Moore refused to separate him from those inmates and denied him access to mental health treatment. Defendant Moore also placed Mr. Sutton in an isolation cell after he attacked an inmate. Plaintiff remained in the isolation cell until 2008.

In March 2003, while Mr. Sutton was at the Colorado Mental Health Institute in Pueblo, Colorado, Defendant Richard Pounds diagnosed him with psychosis caused by post traumatic stress disorder and learned that Plaintiff had planned to commit suicide with some razor blades in his possession. However, Pounds returned Plaintiff to the isolation cell at CCF without providing any mental health treatment.

In November 2010, while Mr. Sutton was incarcerated at Limon Correctional Facility (LCF), Defendant O’Connor, an LCF case manager, assured Plaintiff that he would be separated from Harris, who was incarcerated at the same facility, after Plaintiff told him about his prior history with Harris. However, O’Connor never moved him. Plaintiff alleges that he was forced to trade sexual acts for protection from Harris. Defendant O’Connor also denied Plaintiff access to mental health treatment. Defendant John Doe 3, another LCF case manager, shared an office with Defendant O’Connor and knew that O’Connor had failed to separate Plaintiff from Harris, but John Doe 3 failed to take any remedial action.

On March 1, 2011, Defendant John Doe 4, an LCF escort sergeant, escorted Plaintiff to medical, told Plaintiff to remove his clothing, then “stared at [Plaintiff’s] naked body and said if [Plaintiff] did not cooperate [his] face would meet the ground.” (ECF No. 8, at 9).

On October 1, 2011, while Mr. Sutton was incarcerated at BVCF, Defendant Jane Doe, a case manager, read his file, placed him next to an inmate that Plaintiff had previously reported as sexually abusing him, moved Plaintiff to an isolation cell, refused to help him apply for social security income benefits, and did not provide him access to mental health care.

Plaintiff finally received mental health treatment beginning in October or November 2014.

For relief, Mr. Sutton requests compensatory and punitive damages.

II. Statute of Limitations

The events on which Mr. Sutton’s claims are premised occurred between August 1999 and October 2011. Plaintiff ...


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