Kehoe v. Baker Et Al - Document No. 3
Kehoe v. Baker Et Al - Document No. 3
Kehoe v. Baker Et Al - Document No. 3
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Case 5:06-cv-03264-SAC Document 3 Filed 10/04/2006 Page 1 of 10
JOHN W. KEHOE,
Plaintiff,
CO I DAVID BAKER,
et al.,
Defendants.
Corrections (KDOC).
FACTUAL ALLEGATIONS
pods. Prisoners were not supposed to visit in other pods, but this
Dockets.Justia.com
Case 5:06-cv-03264-SAC Document 3 Filed 10/04/2006 Page 2 of 10
rule was not enforced. On November 20, 2004, he was visiting in pod
questioned why he was in Pod #4. There were numerous other inmates
visiting from other pods who were not singled out. Plaintiff
arrived and Mr. Kehoe was hand-cuffed, defendant Baker attacked him
again. Five other officers are named who witnessed the latter
attack and pulled Baker off him. Several inmates witnessed the
events. Plaintiff was seen by a nurse who gave him nothing for his
unit.
the incident, and defendant Ward was also fired for lying about the
custody status, he was kept in the LCF maximum segregation unit “in
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Case 5:06-cv-03264-SAC Document 3 Filed 10/04/2006 Page 3 of 10
facility, but later told the Warden and Secretary of Corrections had
decided differently.
Kehoe guilty and stated he would “make sure” plaintiff never again
Team Manager Shipment, who was also on his segregation review board,
stated they would have the Leavenworth County D.A. bring criminal
him to a cell search, and that they have constantly subjected him to
cells searches, harassment, and threats to “pay” for the events with
charge were without due process, and the finding of guilty was
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Case 5:06-cv-03264-SAC Document 3 Filed 10/04/2006 Page 4 of 10
reviews are biased shams, and inmates are only given a few minutes
each to argue their cases. He states he has been advised that KDOC
CLAIMS
contends his placement violated IMPP 20-105, Sec. IV, C., providing
under the due process and equal protection clauses, the Kansas
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Case 5:06-cv-03264-SAC Document 3 Filed 10/04/2006 Page 5 of 10
between the State and LSFP, and has suffered a breach of contract as
Amendment rights.
RELIEF REQUESTED
General for KDOC and LSFP defendants; and waiver of the requirement
for providing copies of his pleadings for each defendant, due to his
poverty.
knowledge of procedures.
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Case 5:06-cv-03264-SAC Document 3 Filed 10/04/2006 Page 6 of 10
SCREENING
(10th Cir. 2003), cert. denied, 543 U.S. 925 (2004). It follows that
that fails to state a claim upon which relief can be granted. Id.
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must have presented each and every claim raised in his complaint by
defendants Daly and Kelley; and (9) injuries arising from alleged
Plaintiff generally states he has exhausted all his administrative remedies, and that the KDOC
administrative remedies are futile because most are denied. He alleges that since the incident and the
hearing he has written numerous letters and complained to many officials and that he has copies of
those grievances and the responses. He also alleges his request for assistance from Legal Services
for Prisoners to file a 60-1501 motion to gain his release from ad seg has been denied. These
allegations are not sufficient to plead exhaustion.
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Case 5:06-cv-03264-SAC Document 3 Filed 10/04/2006 Page 8 of 10
PERSONAL PARTICIPATION
caption, but only mentions about half of those names in the body of
Cappel, Cooper2, and Lowe, are mentioned but the acts they are
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For example, Ms. Cooper is alleged to be the hearing officer who found Mr. Kehoe
not guilty of the disciplinary charge.
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Case 5:06-cv-03264-SAC Document 3 Filed 10/04/2006 Page 9 of 10
entitle him to relief under Section 1983. Plaintiff asks this court
is given time to show cause why his claims based on state law should
not be dismissed.
also fail to state a claim under the federal civil rights statute
given time to show cause why his claims against the LSFP attorneys
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show cause why this action should not be dismissed for the reasons
IT IS SO ORDERED.
s/Sam A. Crow
U. S. Senior District Judge
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