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Hunt v. United States

United States District Court, D. South Carolina

May 11, 2016

Kalvin Dontay Hunt, #10241269, Plaintiff,
v.
United States of America, Department of the Navy, Secretary of the Navy, Tricare, Defendants.

          REPORT AND RECOMMENDATION

          JACQUELYN D. AUSTIN, Magistrate Judge.

         Kalvin Dontay Hunt ("Plaintiff"), proceeding pro se, brings this civil action seeking damages. Plaintiff apparently is involuntarily confined at the Columbia Regional Care Center.[1] He files this action in forma pauperis under 28 U.S.C. § 1915. The Complaint is subject to summary dismissal.

         BACKGROUND

         On or about April 1, 2016, Plaintiff filed this civil action against United States of America, Department of the Navy, Secretary of the Navy, and Tricare. [Doc. 1.] He alleges deliberate indifference, indecent assault, and discrimination. [ Id. at 2.] Plaintiff alleges many facts, and this Court notes the following summary of them. In February 2006, a military colleague committed an indecent assault on Plaintiff and took a picture of it. [Doc. 1.] Plaintiff reported the assault to superior officers, but they failed to handle the incident properly; this triggered Plaintiff to have psychosis. [ Id. ] Eventually, Plaintiff was discharged from the United States Marines with a "bad conduct discharge" and given a small supply of medicine for his psychosis. [ Id. ] Plaintiff came to South Carolina, and he was taken to Naval Hospital Beaufort due to his psychosis to be admitted to the "psychward." [ Id. ] Plaintiff was deemed "mentally ill" but left unattended, and he escaped the hospital. [ Id. ] He stole an idling firetruck, caused property damage, and then struck an innocent bystander and killed him. [ Id. ]

         After spending about two years and ten months in the Beaufort County Detention Center, Plaintiff was found "not guilty by reason of insanity" of certain criminal charges. [ Id. ] Now, Plaintiff is "detained at the South Carolina Department of Mental Health." [ Id. ]

         Based on those facts, Plaintiff alleges Defendants were deliberately indifferent to Plaintiff's medical needs and to the innocent bystander's life, and they were irresponsible and negligent in the handling of the indecent assault and the military discharge. [ Id. ] And, he alleges Tricare refused giving him proper health care. [ Id. ] He seeks damages from Defendants because they failed him and violated his civil rights. [ Id. ] He contends Defendants are responsible for the wrongful death of the innocent bystander and for the decline in Plaintiff's health. [ Id. ]

         Plaintiff alleges he has "exhausted all administrative means pertaining to this case." [ Id. ] And, he alleges he has "recently filed a standard form 95 pertaining to this case and awaiting a response." [ Id. ]

         This Court takes judicial notice that Plaintiff alleges facts in the Complaint very similar to the facts alleged in his prior civil action, Hunt v. United States President, et al., C/A No. 3:15-4389-TMC-JDA, and he sues virtually the same Defendants again. See Philips v. Pitt Cnty. Mem. Hosp., 572 F.3d 176, 180 (4th Cir. 2009) (courts "may properly take judicial notice of matters of public record."); Colonial Penn Ins. Co. v. Coil, 887 F.2d 1236, 1239 (4th Cir. 1989) ("We note that the most frequent use of judicial notice is in noticing the content of court records.'"). On or about October 28, 2015, Plaintiff filed a civil action against United States President, Vice President, Secretary of Defense, Joint Chief of Staff, Secretary of the Navy, Commandant of Marine Corps, Sergeant Major of Marine Corps, Tricare, and United States Federal Government, and on January 29, 2016, this Court adopted the Report and Recommendation and dismissed the action without prejudice and without issuance and service of process. See Order, Hunt v. United States President, et al., C/A No. 3:15-4389-TMC-JDA (D.S.C. Jan. 29, 2016), ECF No. 19.

         In that prior civil action, Plaintiff alleged the following:

He alleges that this action concerns: "criminal negligence, racial discrimination, prejudice, wrongful discharge, indecent assault, taxation without representation, public humiliation and exploitation." [ Id. ]
Liberally construed, Plaintiff alleges the following facts. More than six years ago, while he was serving in the military, Plaintiff was a victim of an indecent assault by another male. [ Id. ] The other male placed his testicles on Plaintiff's face while he was sleeping and took a picture. [ Id. ] Plaintiff was distressed and began self-medicating with alcohol and drugs for a six-year period. [ Id. ] Plaintiff reported the incident to a gunnery sergeant who failed to take action. [ Id. ] This incident "was solely responsible for destroying [his military] career, " and he was separated for "bad conduct" and demoted from an E-5 to E-1. [ Id. ]
Plaintiff complained of suicidal thoughts due to the incident, but the military did not give him "a medical opt out." [ Id. ] "Tricare health care professionals they diagnosed [Plaintiff] as a malingerer, [feigning] for monetary gain although [he is] a OEF/OIF veteran." [ Id. ] Although Plaintiff was mentally unstable, he was placed on "unpaid appellate leave status" with a 90-day supply of anti-psychotic medication but without a proper out-patient treatment plan. [ Id. ] Plaintiff became psychotic and homeless and did not have "V.A. coverage eligibility." [ Id. ]
During Plaintiff's time in a Tricare mental health facility, he noticed that other service members with the same symptoms were medically relieved from service. [ Id. ] Because of his ethnicity[], Plaintiff was cleared for duty on several occasions. [ Id. ]
In February of 2012, Plaintiff committed a murder due to his mental illness. [ Id. ] After serving 34 months in the Beaufort County Detention Center, Plaintiff was found "criminally insane during the commission of the crime ...

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