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Melby v. Morgan — memorandum opinion, Doc. 26

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Case 3:22-cv-00134-JAG-MRC Document 26 Filed 12/22/22 Page 6 of 12 PagelD# 135 claims, (See ECF No. 23, at 1-8.) The Court believes that Melby intends to set forth his claims in the section he identifies as “Identifying what Civil Rights were Violated.” (Id. at 8-13.) The Court relies on this section for both the statement of his claims and the identification of the defendants who are liable. Accordingly, it appears that Melby raises the following claims in his Particularized Complaint:* Claim One: Defendant Armstrong “violated my interest in liberty when he refused to apply my time credit properly” and “produced inaccurate records.” (Id. at 8.) Claim Two: Defendant Morgan and Vergakis “failed to preserve inmates’ right to exercise in the facilities outdoor recreation yard.” (/d. at 9.) Claim Three: Defendant Walker deprived Melby his “liberty” when he “was placed into disciplinary segregation without being found guilty of any infraction nor having a proper disciplinary hearing.” (Id.) Claim Four: Defendants Morgan and Walker refused to allow Melby to earn financial compensation for his work in the jail. (Jd. at 10-11.) Claim Five: Defendants Chandler, Murray, and Evans violated the Freedom of Information Act when they refused to provide Melby with Chandler’s or Evans’s badge number. (Jd. at 11.) Claim Six: Defendants violated Melby’s “right to due process of law.” (a) Defendant Walker “altered the integrity of my disciplinary hearing report.” (Id. at 12.) (b) Defendant Chandler “responded to a grievance that was about her actions which is a substantial conflict of interest.” (Id.) (c) Defendant Petitfere “lost or destroyed my inmate request forms that were critical in me starting my initial grievance/and simply delayed/obstructed my right to due process.” (Id.) Claim Seven: Defendants Walker and Hughes violated Melby’s “right to be free from discrimination and prejudice” when Defendant Hughes “lied to me on body camera and consistently pursued telling me false information in an effort to stop me from taking action against Sgt. Walker.” (Id. at 12.) ‘ Melby indicates that there are nine claims in his Particularized Complaint. (ECF No. 23, at 7.) However, the Particularized Complaint appears to have eight discernable claims for relief. (See id. at 8-13.)
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