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Smith v. Connections CSP, Inc.

United States District Court, D. Delaware

March 20, 2018

FLOYD ALAN SMITH, JR., Plaintiff,
v.
CONNECTIONS CSP, INC., Defendant.

          Floyd Alan Smith, Jr., Central Violation of Probation Center, Smyrna, Delaware. Pro Se Plaintiff.

          MEMORANDUM OPINION

          ANDREWS, U.S. District Judge

         Plaintiff Floyd Alan Smith, Jr., an inmate at the Centra! Violation of Probation Center in Smyrna, Delaware, filed this action pursuant to 42 U.S.C. § 1983 alleging violations of his constitutional rights.[1] (D.I. 3). He appears pro se and has been granted leave to proceed in forma pauperis. (D.I. 6). The Court screens and reviews the complaint pursuant to 28 U.S.C. § 1915(e)(2) and § 1915A(a).

         BACKGROUND

         Defendant's Complaint refers to his criminal history as background. Defendant's recitation is generally consistent with what is reported in the Delaware Supreme Court's recent decision, which I quote:

On January 22, 2013, Smith pled guilty to three counts of Burglary in the Second Degree. For each burglary count, Smith was sentenced, effective September 26, 2012, to eight years of Level V incarceration, suspended after one year for Level III probation. The sentencing order further provided that Smith was to be evaluated for substance abuse and follow any recommendations for treatment. . . .
In March 2016, an administrative warrant was issued for Smith's first VOP. The warrant alleged that Smith had failed to request authorization to move out of state, failed to notify his probation officer of his change of address, tested positive several times for drugs, and failed to follow through with substance abuse treatment. On April 1, 2016, the Superior Court found Smith violated his probation.
For the first count of Burglary in the Second Degree, Smith was sentenced to seven years and five months of Level V incarceration, suspended for one year of Level IV Crest, to be suspended upon successful completion for one year of Level III Crest Aftercare. For each of the other two counts of Burglary in the Second Degree, Smith was sentenced to seven years and five months of Level V incarceration, suspended for decreasing levels of supervision. The VOP sentencing order provided that the Treatment Access Center would evaluate and monitor Smith....
In December 2016, an administrative warrant was issued for Smith's second VOP. The warrant alleged that Smith violated his probation by testing positive for opiates. On December 30, 2016, the Superior Court found that Smith violated his probation.
For the first count of Burglary in the Second Degree, Smith was sentenced to six years and three months of Level V incarceration, suspended for one year of Level V Inpatient Drug Treatment, to be suspended upon successful completion for one year of Level IV Crest, to be suspended upon successful completion for one year of Level III Crest Aftercare. For each of the other two counts of Burglary in the Second Degree, Smith was sentenced to seven years and five months of Level V incarceration, suspended for one year of Level III Crest Aftercare.

Smith v. State, 160 A.3d 483, 2017 WL 1399749, at *1 (Del. 2017) (table decision).

         Plaintiff alleges that Defendant Connections CSP, Inc. "is the company over the programs" he was "sentenced to for treatment due to addiction problems for self-medicating with substance abuse for mental health disorders." (D.I. 3 at p.5). The complaint states that Plaintiff arrived at Morris Community Correction Center in Dover, Delaware, on August 4, 2016, to finish his Crest sentence and was placed in an unsafe environment full of drugs and violence. MCCC houses substance abuse treatment (i.e., Crest) and work release offenders. See http://doc.delaware.gov/BOCC/BOCCCC morris.shtml (last visited Mar. 15, 2018). Plaintiff alleges that he was surrounded by drugs, forced to stay with drugs, and asked for help to no avail. (D.I. 3 at p.5).

         Plaintiff completed the Level IV Crest sentence on December 1, 2016. (Id.). He alleges that he was illegally detained after he completed the Level IV Crest sentence and involuntarily forced to stay at MCCC until he was sent to the James T. Vaughn Correctional Center on December 15, 2016 for violation of the Level 4 sentence he had completed. On December 30, 2016, Plaintiff was sentenced to Level V inpatient drug treatment to be suspended upon successful completion for one year of Level IV Crest, to be suspended upon successful completion for one year of Level III Crest aftercare. (Id.).

         On January 24, 2017, Plaintiff was transferred to the Howard R. Young Correctional Institution in Wilmington, Delaware and placed in the Key North Program, a treatment program administered by Defendant. (Id. at p.6). He completed the program on October 11, 2017. (Id. at p.7). Plaintiff alleges that he is sentenced to inpatient drug treatment, but it is not provided to him. (Id. at p.6). Rather, the Key North Program is a behavioral modification program run by inmates, not certified counselors. (Id.). Plaintiff further alleges he is deprived of confidentiality, mental health treatment, and the Key North staff lied to his face. (Id.). Plaintiff complains that the inmates who run the program forced him to stay longer. (Id.). He complains that he was to return to Crest and "be subject to another program" run by Defendant with the same rules and regulations. He alleges this is unnecessary, cruel and unusual redundant treatment that does not treat for substance abuse and mental ...


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