United States District Court, D. Delaware
Na-Quan Kurt Lewis, Howard R. Young Correctional Institution,
Wilmington, Delaware, Pro Se Plaintiff.
ANDREWS, U.S. DISTRICT JUDGE
Na-Quan Kurt Lewis, a pretrial detainee at the Howard R.
Young Correctional Institution in Wilmington, Delaware, filed
this action pursuant to 42 U.S.C. § 1983. He appears
pro se and has been granted leave to proceed in
forma pauperis. (D.I. 4). He has filed several motions
and letters including requests for counsel, motions to amend,
and emergency requests for release from the HRYCI. (D.I. 5,
6, 10, 11, 12, 13). The Court proceeds to review and screen
the operative pleading (D.I. 2, D.I. 5, D.I. 11) pursuant to
28 U.S.C. § 1915(e)(2)(B) and § 1915A(a).
Court will grant Plaintiffs motions to amend. (D.I. 5, D.I.
11). The operative pleading consists of docket items 2, 5,
and 11. Named defendants include the Delaware Department of
Justice, the Wilmington Police Department, the James T.
Vaughn Correctional Center, Connections, Christiana Hospital
Newark Emergency Room, the New Castle County Police
Department, and the Howard R. Young Correctional Institution.
Plaintiff alleges violations of the Fifth, Sixth, Eighth,
Thirteenth, and Fifteenth Amendments of the United States
Constitution. (D.I. 5, D.I. 11).
was indicted on weapons charges and a warrant issued for his
arrest on July 11, 2016. (D.I. 2 at 6; D.I. 11-1 at 5). The
Wilmington Police obtained a search warrant for his
brother's telephone, and it contained a photo of
Plaintiff holding an "alleged firearm."
(Id.). Natalie Woloshin was appointed to represent
Plaintiff in the criminal matter. Plaintiff makes numerous
complaints about the representation she provided. (D.I. 2 at
6-8; D.I. 11-1 at 6-8).
alleges that after Detective Reddick was charged with arson
and lying to police, his "whole case was nolle
prossed," and he was re-indicted on September 12, 2016,
with the same charges. (D.I. 2 at 6; D.I. 11-1 at 5-6);
see also State v. Lewis, 2018 WL 2970762 (Del.
Super. June 8, 2018), affd, 2018 WL 6015784 (Del.
Nov. 15, 2018) (table).
alleges that the proceedings were corrupt and, on July 6,
2017, he was forced to take a plea. (D.I. 2 at 8; D.I. 5;
D.I. 11-1 at 7). Plaintiff was sentenced to three
years. (D.I. 2 at 6; D.I. 11-1 at 7). Plaintiff
alleges that was given three different sentences and that
some sentences indicate "no probation" while others
indicate "probation." (D.I. 11-1 at 13). He alleges
that no one knows what he pled guilty to and that his plea
was not willing, knowing, or intelligent, making the plea
was transferred from HRYCI to Sussex Correctional Institution
to participate in the Key Program. (D.I. 11-1 at 7). He was
kicked out of the Key Program and transferred to the James T.
Vaughn Correctional Center in Smyrna, Delaware.
alleges that while housed at the JTVCC, on April 20, 2018, a
sick call slip was submitted in his name. (D.I. 2 at 9; D.I.
11-1 at 8). Plaintiff was transferred to the suicide unit
based upon the contents of the sick call slip.
(Id.). Plaintiff remained there for four days while
an investigation was conducted. (Id.). Plaintiff
alleges that he was housed in a cell with blood, urine,
feces, and dirt smeared everywhere. (Id.). He was
not allowed to shower. (D.I. 2 at 9). Plaintiff alleges that
Connections monitors inmates on suicide watch every fifteen
minutes, and that Connections personnel were aware of the
conditions. (D.I. 2 at 9; D.I. 11-1 at 8). Plaintiff was told
that it was up to the Department of Correction to move him.
(D.I. 2 at 9). Plaintiff submitted a grievance when he was
removed from the suicide watch. (D.I. 2 at 9; D.I. 11-1 at
2018, he was transferred to solitary confinement in the SHU.
(D.I. 2 at 9; D.I. 11-1 at 9). Plaintiff alleges that while
housed in SHU, a criminal appeal deadline loomed and, after
he was refused a law library pass, he threatened suicide.
(D.I. 11-1 at 9). After he was transferred to the suicide
tier, Plaintiff was seen by a physician who arranged for
Plaintiff to receive law library assistance. (Id.).
was transferred to the mental health tier on February 27,
2019. (Id.). He was told by a counselor that a
recommendation had been made to administer psychotropic
medication by force and that Plaintiff would meet with the
treatment review committee on February 28, 2019.
(Id. at 10). Plaintiff met with the committee, and
it was determined that he did not need the medication.
was released from prison on March 20, 2019. (Id.).
Plaintiff was arrested on May 16, 2019, for possession of a
firearm and disorderly conduct. (D.I. 2 at 8; D.I. 11-1 at
10). Plaintiff alleges that he was injured during a fight;
when Officer Bouldin arrived, he roughed up Plaintiff and
conducted an unlawful search. (Id.). Bouldin cuffed
Plaintiff, placed him a police car, rolled up the windows,
and after fifteen minutes called an ambulance.
(Id.). Plaintiff alleges that Bouldin's actions
violated protocol and policy. (Id.). Plaintiff was
taken to Christiana Hospital emergency room, seen by a
physician, and cleared by Christiana Hospital medical
personnel. (D.I. 2 at 8; D.I. 11-1 at 11). Plaintiff alleges
that medical personnel did not provide him treatment, and
when he returned to jail, he did not receive medical
treatment because Christiana Hospital had cleared him.
(Id.). Plaintiff alleges that he struggles daily
with back pain and nerve damage. (Id.).
is now housed at the HRYCI. Plaintiff appeared for a
preliminary hearing on May 24, 2019, and advised the court he
wished to proceed pro se in his pending criminal
matter. (D.I. 11-1 at 11). Plaintiff alleges that he did not
have a proper preliminary hearing, more than 75 days have
passed, he is being "held hostage," and is in
"involuntary servitude." (Id.).
alleges that on July 18, 2019, C/O Soto refused to call the
law library for Plaintiff. (Id. at 12). Soto called
a "Code 6 refusal to lock in." (Id.).
Plaintiff alleges that the QRT tried to break his wrist, and
he was injured. (Id.). Plaintiff refused to walk and
was carried upstairs and seen by a nurse who asked if he
needed medical treatment, and Plaintiff replied that he did.
(Id.). After 35 minutes, a nurse arrived to provide
treatment. (Id.). Plaintiff alleges that C/O Verruci
would not allow the nurse to treat Plaintiff and escorted her
off the tier. (Id.). Plaintiff was transferred to
"the hole" for four days. (Id.). He
submitted two grievances regarding the events.
alleges that he learned his brother had sent him legal mail,
and the mail was thrown away by C/O Burley. (Id. at
12-13). Plaintiff was told that Burley's actions were
illegal. (Id. at 13). Finally, Plaintiff alleges
that he had a court date on August 15, 2019, and was not
taken to court because his name was not ...