United States District Court, D. Massachusetts
MEMORANDUM AND ORDER
J. CASPER UNITED STATES DISTRICT JUDGE
reasons stated below, the Court denies the motion to proceed
without prepayment of fees and costs, denies without
prejudice the motion for order to allow the United States
Marshal to complete service, dismisses sua sponte
portions of the complaint, and issues summonses as to the
March 11, 2019, pro se Plaintiff Asim Amran
(“Amran”) filed a complaint (D. 1) against former
Superintendent of MCI - Norfolk Brad Cowin
(“Cowin”), Lieutenant Michael Frattasio
(“Frattasio”) and Corrections Officer Timothy
Sherry (“Sherry”). Amran's motion to proceed
in forma pauperis (D. 6) and motion for order to
allow U.S. Marshals to complete service (D. 7) are also
following is a summary of facts as alleged by Amran. Amran is
serving a life sentence at MCI-Norfolk. Compl. ¶ 7. He
suffers from colitis, a medical condition that can cause him
to soil himself without warning. Compl. ¶¶8-10.
Although he is receiving treatment for the disease, it is not
under control. Compl. ¶10. Accordingly, when Amran
leaves his housing unit he wears adult diapers as a
precaution. Compl. ¶10. Deputy Superintendent Bennett
(“Bennett”) provided a written letter in
Amran's housing unit that Amran should be permitted to
use the bathroom facilities at any time due to his illness.
19, 2018, Sherry was assigned as a substitute Corrections
Officer for Amran's housing unit. Compl. ¶ 17. At
1:00 p.m., Amran was in the yard. Compl. ¶ 18. At 1:40
p.m., Amran became aware that he had soiled his diaper.
Compl. ¶ 19. Amran went back to his unit and asked
Sherry for permission to use the bathroom. Id.
Sherry refused to allow Amran to use the bathroom and told
him return to the yard. Id.
tried to explain the situation, pointing to the letter
concerning his condition on the desk. Compl. ¶ 19.
Sherry responded “you want to play games, let's
play games.” Compl. ¶ 20. Sherry then told Amran
to go outside and come back and ask permission to use the
bathroom. Compl. ¶ 21. Amran did exactly that and
thereafter Sherry gave Amran permission to use the bathroom.
Compl ¶ 22. As Arman began to climb the stairs to his
cell, Sherry called him back to his office. Compl ¶ 23.
At this point Sherry told Amran, in front of many inmates,
“drop your pants and diaper and let me see the
shit.” Id. Amran was shocked at the request
and repeated it back to Sherry, “You want me to drop my
pants and diaper and show you the shit in my diaper?”
Id. Sherry responded, “Yes.”
Amran sought the assistance of Lieutenant Frattasio. Compl.
¶24. Frattasio returned with Amran to his housing unit
and sent Amran to use the bathroom in his cell. Compl. ¶
24. Frattasio then proceeded to the office and reprimanded
Sherry for not complying with the written order. Compl.
27, 2018, Amran filed a grievance concerning the incident
requesting, among other things, that Sherry be terminated
from his employment. Compl. ¶28.
following week, Amran sought out Bennett to request a letter
for him to carry to make these situations easier. Compl.
¶30. Bennett was not aware of the incident with Sherry,
and asked Frattasio what had occurred. Id. Frattasio
“began covering up for” Sherry, at which point,
Amran told Bennett what had happened and requested to know
what consequences Sherry would face. Id. According
to Amran, Sherry was not disciplined. Id.
September 21, 2018, Amran filed another grievance because he
had received no response concerning his initial grievance.
Compl ¶ 36. On September 24, 2018, Amran received an
extension notice. Compl. ¶36. On November 13, 2018, both
grievances were denied because “although . . . [Amran
was] . . . questioned on [his] return to Unit 2-3, the
Officer refutes the claim of denial due to medical
necessity.” Compl. ¶38. The response to the second
grievance also denied Amran's claims of retaliation.
November 19, 2018, Amran appealed both grievances. Compl.
¶42. On February 5, 2019, Amran received denials of his
appeals. Compl. ¶44.
claims that he was retaliated against by being removed from
the list as a potential “house man” job; a
desirable job which comes with better pay and a single cell.
Compl. ¶67. Amran claims that upon “the calling of
Lt. Frattasio, ” non-defendant corrections officer
Perry (now retired) ensured that Amran's name was removed
from the list and that another non-defendant Corrections
Officer Ogara also did not give him the job. Id.
Amran claims that Bennett agreed with Amran that this was
retaliation and that his name must be placed back on the
list. Compl. ¶68.