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Quevedo-Andretti v. Nebraska Department of Health and Human Services

United States District Court, D. Nebraska

October 19, 2015

ALEJANDRO D. QUEVEDO-ANDRETTI, Plaintiff,
v.
NEBRASKA DEPARTMENT OF HEALTH AND HUMAN SERVICES, et al., Defendants.

MEMORANDUM AND ORDER

Joseph F. Bataillon Senior United States District Judge

Plaintiff Alejandro D. Quevado-Andretti (“Plaintiff”) filed his Complaint (Filing No. 1) on January 22, 2015. Thereafter, Plaintiff filed four pleadings and motions seeking to supplement his Complaint. On April 10, 2015, the court ordered Plaintiff to file one amended complaint that identified each defendant by name and stated all of Plaintiff’s claims against that defendant. (Filing No. 14.) The court also ordered Plaintiff not to file any other amended pleadings or supplements to his pleadings without first obtaining leave from the court.

Plaintiff filed his Amended Complaint (Filing No. 15) on May 4, 2015. The court now conducts an initial review of Plaintiff’s Amended Complaint to determine whether summary dismissal is appropriate under 28 U.S.C. § 1915(e)(2). For the reasons that follow, the court will dismiss this case in its entirety.

I. SUMMARY OF COMPLAINT

Plaintiff is currently an inpatient confined to the Lincoln Regional Center in Lincoln, Nebraska. His claims pertain to incidents that occurred when he was confined to inpatient sex-offender treatment at the Norfolk Regional Center (“NRC”). Liberally construed, he asserts First and Fourteenth Amendment claims brought pursuant to 42 U.S.C. § 1983 against 25 defendants. (Filing No. 15 at CM/ECF p. 2.) The court will summarize Plaintiff’s allegations in the paragraphs that follow.

A. Jodi Howard and Holli Frye

Frye and Howard are specialists at the NRC. Plaintiff alleged he asked Howard to open the laundry room door for him, and she responded in a rude and belligerent manner. Plaintiff submitted a grievance to Frye concerning Howard’s behavior, and Frye returned the grievance to Plaintiff with the following note, “Per N.R.C. reporting policy this grievance is discontinued and the Abuse/Neglect reporting process has been completed.” (Filing No. 15 at CM/ECF pp. 2, 11.)

B. Terence Lane, Jennifer Bender, and Kevin Piske

Lane is an inpatient, and Bender and Piske are treatment providers at the NRC. Plaintiff alleged Lane used racially discriminatory language, and Bender and Piske failed to discipline him for it. (Filing No. 15 at CM/ECF pp. 2, 21-22.)

C. Linda Hansen, Pat Bethune, Rose Prather, Pam Anderson, Ron Hampton, and Tim Schaefer

Hansen, Bethune, Prather, Anderson, Hampton, and Schaefer are all employed specialists or providers at the NRC. At various times, they instructed Plaintiff to speak only in English while at the NRC.

Specifically, Plaintiff alleged that on November 24, 2010, Bethune informed Plaintiff he was only allowed to speak English. In response to Plaintiff’s complaints about being required to speak in English, Hansen instructed Plaintiff to explore options of embracing his heritage in ways other than speaking in Spanish. (Filing No. 15 at CM/ECF pp. 2, 4-5.)

On October 12, 2012, Anderson instructed Plaintiff to speak in English when she witnessed him speaking in Spanish to a fellow inpatient. (Filing No. 15 at CM/ECF p. 10.)

On November 24, 2010, Prather told Plaintiff he was only allowed to speak in English within the NRC. On December 23, 2014, upon hearing Plaintiff speaking in Spanish to a fellow inpatient, she informed Plaintiff that it was inappropriate and secretive for them to speak in Spanish. (Filing No. 15 at CM/ECF pp. 2, 5, 12.)

On November 24, 2010, Hampton witnessed Plaintiff speaking in Spanish to a fellow inpatient. Hampton informed Plaintiff that he did not want anyone “speaking Mexican.” (Filing No. 15 at CM/ECF pp. 2, 7.)

On March 18, 2015, Schaefer informed Plaintiff he was violating the rules by speaking in Spanish and that it was within staff’s discretion to require him to speak in English. (Filing No. 15 at CM/ECF pp. 2, 16-17.)

D. Kayla Hrabanek and Jerry Fielder

Hrabanek is a compliance specialist at the NRC and Fielder is an inpatient. Plaintiff alleged that on January 16, 2015, Fielder said the word, “nigger.” Hrabanek waited 10 days to ask for witness statements ...


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