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Cobb v. Knode

March 26, 2010

MATTHEW COBB, PLAINTIFF,
v.
STANLEY KNODE, CORRECTIONAL OFFICER, SDSP; R. ARNETT, CO, SDSP VISIT ROOM; MARCI HARVISON, CO, SDSP VISIT ROOM; ROBERT KUEMPER, ASSOCIATE WARDEN, SDSP; TOM LINNEWEBER, MAJOR, OFFICER-IN-CHARGE DOUG LOEN, SDSP AL MADSEN, UNIT SDSP; K. WRIGHT, CO, SDSP VISIT ROOM; DOUGLAS WEBER, WARDEN, SDSP; TIM REISCH, DOC SECRETARY OF CORRECTIONS; MARK BIDNE, PARALEGAL, SDSP; DELMAR WALTER, ATTORNEY, SDSP; DEFENDANTS.



The opinion of the court was delivered by: John E. Simko United States Magistrate Judge

ORDER

Motion for Counsel (Doc. 9)

Motion for Default Judgment (Doc. 52)

Motion for Protective Order (Doc. 71)

Motion for Stay of Discovery (Doc. 71)

Motion for Hearing, to Proceed as of Special Security; attorney, Hardship& to Withdraw Motion for Legal Counsel; Manager; Default (Doc. 77)

Pending are several motions in the above-captioned matter. Also pending is Plaintiff's Motion for Preliminary Injunction (Doc. 60). That motion will be the subject of a separate Report and Recommendation pursuant to 28 U.S.C. § 636(b)(1)(B).

BACKGROUND

Plaintiff, an inmate at the South Dakota State Penitentiary (SDSP) filed a pro se civil rights lawsuit pursuant to 42 U.S.C. § 1983. In his Complaint, he alleges Defendants retaliated against him a result of his complaints about racial discrimination which he alleges occurred in connection with his visiting privileges with his mother and half-sister. Plaintiff alleges his visiting privileges with his mother and half-sister have been suspended and that Defendants have fabricated charges of inappropriate conduct by him and his mother, all because Defendant's half-sister is part black.

Plaintiff claims: (1) he has been denied access to the Courts in violation of the First and Fourteenth Amendment because prison officials have refused to assist him with his legal claims; (2) because his half-sister is part black, the Defendants have discriminated against him, in violation of the Equal Protection Clause and the Eighth, Ninth and Fourteenth Amendments; (3) Defendants have terminated his visits with his mother and half-sister for reasons which are false, unsubstantiated and racially motivated, in violation of Plaintiff's right to privacy, free association and equal protection as guaranteed by the First, Eighth, Ninth, and Fourteenth Amendments; (4) Defendants have allowed false, libelous, discriminatory, malicious, and retaliatory reports to be placed in his permanent record where they will be used in an unfair determination of his parole eligibility, in violation of Plaintiff's due process and equal protection rights as guaranteed by the Eighth, Ninth and Fourteenth Amendments; (5) Defendants have allowed grievances to be filed contrary to DOC policy, cruelly denying Plaintiff due process as guaranteed by the Eighth and Fourteenth Amendments; (6) Defendants have allowed arbitrary, retaliatory disciplinary reports to be issued which will remain on Plaintiff's permanent record and will be used to determine his parole eligibility, cruelly denying him due process and equal protection as guaranteed by the Eighth and Fourteenth Amendments; (7) Defendants have ignored his requests to preserve for use as evidence in this litigation video tapes of his visits where inappropriate attire or conduct have been alleged, cruelly denying him due process and equal protection as guaranteed by the Eighth and Fourteenth Amendments.

In support of his Complaint, Plaintiff provided the Court with his own Affidavit, as well as Affidavits from his mother (Susan Cobb) and his girlfriend (Nicole Campbell).

Plaintiff seeks injunctive relief in the form of a declaration by the Court that Defendant's actions are unconstitutional. He also seeks an Order to provide Plaintiff with copies of reports alleging impropriety by him and disciplinary reports and expunging said reports from his record, preserving relevant video recordings and reinstating his visiting privileges with his mother. Plaintiff also seeks monetary damages in the amount of $10,000 each from Defendants Knode and Harvison and for reimbursement for costs and fees.

DISCUSSION

1. Plaintiff's Motion for Appointment of ...


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