LaFountain v. Harry, No. 11-1496 (6th Cir. 2013)Annotate this Case
The Michigan Department of Corrections agreed to house LaFountain at Lakeland in exchange for dismissal of his lawsuits. LaFountain wanted assignment to Lakeland to enable family visits and avoid further retaliation from Muskegon correctional officers. After the transfer, LaFountain filed new grievances, alleging selective enforcement of housing-unit rules based on race. He was transferred back to Muskegon. When LaFountain arrived at Muskegon, his typewriter was missing. He filed another grievance. At Muskegon, he was assigned to a cell with Riley, a mentally ill prisoner. Riley threatened LaFountain and kept him awake with lights and noise. LaFountain filed a grievance, alleging retaliation. After Riley threatened LaFountain’s life, LaFountain refused to remain in his cell and spent eight days in segregations. Each new shift ordered LaFountain to continue celling with Riley. Every time that he refused, the officers cited LaFountain for major misconduct, causing forfeiture of 770 days of good-time credits. The district court reviewed his civil rights suit under the Prison Litigation Reform Act and dismissed it, 28 U.S.C. 1915A(b)(1) & 1915(e)(2)(B); 42 U.S.C. 1997e(c)(1). The Sixth Circuit reversed dismissal of certain of the retaliation claims based on the transfer to Muskegon, the typewriter damage, and the cell assignment.