Bradley v. Puckett
| Decision Date | 26 October 1998 |
| Docket Number | No. 98-60102,98-60102 |
| Parties | Mondric BRADLEY, Plaintiff-Appellant, v. Steve W. PUCKETT, Commissioner; James V. Anderson, Superintendent, Mississippi State Penitentiary; Earl Jackson, Case Manager Supervisor; John Dial, Dr.; James Dorson, Lieutenant; Joe Holman, Lieutenant; D. Jackson, Lieutenant; Bass, Sergeant; Tommie Tower, Sergeant; Ann Lee, Classification Director; Ethel Carlize, Disciplinary Chairperson; Edward Queen, Case Manager, Defendants-Appellees. |
| Court | U.S. Court of Appeals — Fifth Circuit |
Mondric Bradley, Parchman, MS, pro se.
Appeal from the United States District Court for the Northern District of Mississippi.
Before REYNALDO G. GARZA, JONES and DeMOSS, Circuit Judges.
Factual Background
On September 5, 1996, Mondric Bradley, Mississippi prisoner No. 46406, filed a civil rights lawsuit pursuant to 42 U.S.C. § 1983, alleging that his constitutional rights had been violated by various prison officials. In April 1996, Bradley received a rule violation report after being found in possession of a homemade knife. Following a disciplinary hearing, his custody status was reduced to close confinement.
Bradley is disabled and wears a leg brace, rendering it dangerous for him to take a shower without a shower chair. Bradley contends that even though the prison officials were aware of his disability, they knowingly placed him in lockdown without the essentials needed to sanitize himself. Bradley alleges that the prison officials were deliberately indifferent to his medical needs and that his inability to shower for over two months constituted cruel and unusual punishment in violation of his equal-protection rights.
The magistrate judge ordered that an evidentiary hearing be held, pursuant to Spears v. McCotter, prior to service of process on the named defendants. At the Spears hearing Bradley testified that, because of his disability, he needs assistance to dress and undress himself and that he needs a shower chair to prevent him from falling in the shower. He stated that after he was locked down, he complained about his inability to clean himself, but that the prison officials ignored his complaint. Bradley testified that in order to clean himself he used the toilet in his cell, which ultimately gave him a fungal infection and blisters. He stated that after he came down with the infection and after several complaints, his infection was treated and officials began to take him to the medical clinic to use the bathtub and special shower facilities.
Bradley testified that he had gone several months without being able to clean himself before he was provided with the opportunity to bathe. He stated that he is now taken to bathe on Mondays, Wednesdays, and Fridays, but that the officers do not take him at a specific time of day.
At the conclusion of the hearing, the magistrate judge stated:
I don't want you to think the Court is not sympathetic to your disability problem but the disability that you suffer from does not make you immune from the disciplinary procedures at the prison.... You're not entitled, disability or otherwise, to any specific housing assignment. If you violate the rules of the prison, you can be placed in lockdown. The prison--part of the hygiene is a person's own responsibility, it's not all the responsibility of the prison. The prison now has made reasonable accommodations for you disability. They've treated the rash that you developed and I find that there is no basis in fact for your--to a constitutional level and I'm going to recommend that your case be dismissed.
The magistrate judge subsequently issued a written report and recommendation that Bradley's lawsuit be dismissed. The magistrate judge specifically found that the prison officials remedied the situation as soon as they were informed of Bradley's complaints, that Bradley's "discomfort was short-lived," and that he received prompt medical care for his rash. He therefore concluded that Bradley had failed to state a cause of action cognizable under 42 U.S.C. § 1983.
Bradley objected to the magistrate judge's recommendation. He specifically objected to the findings that the prison officials corrected the problem as soon as they were made aware of it. Bradley contended that the officials were cognizant of his medical needs prior to placing him in lockdown and they allowed him to remain in unsanitary conditions despite his complaints. The district court overruled Bradley's objection and adopted the magistrate judge's findings and conclusions. The district court specifically found that the prison officials took immediate steps to correct the situation as soon as they were apprised of Bradley's needs. Therefore, it held that no constitutional violation had occurred and ordered that Bradley's complaint be dismissed for failure to state a claim. Bradley filed a timely notice of appeal.
The Prison Litigation Reform Act (PLRA) amended § 1915 to require the district court to dismiss in forma pauperis (IFP) a prisoner's civil rights suit if the court determines that the action is frivolous or malicious or does not state a claim upon which relief may be granted. 28 U.S.C. § 1915(e)(2)(B)(i) & (ii); see also, § 1915A(b)(1). The district court did not cite any authority for its dismissal of Bradley's complaint, however, § 1915(e)(2)(B)(ii) is the most appropriate authority for the district court's dismissal.
This Court reviews the district court's dismissal under 28 U.S.C. § 1915(e)(2)(B)(ii) de novo, applying the same standard used to review a dismissal pursuant to FED.R.CIV.P. 12(b)(6). Black v. Warren, 134 F.3d 732, 733 (5th Cir.1998). To test whether the district court's dismissal under § 1915 was proper, this Court must assume that all of the plaintiff's factual allegations are true. Ashe v. Corley, 992 F.2d 540, 544 (5th Cir.1993). The district court's dismissal may be upheld, "only if it appears that no relief could be granted under any set of facts that could be proven consistent with the allegations." McGrew v. Texas Bd. of Pardons & Paroles, 47 F.3d 158, 160 (5th Cir.1995); see also, Estelle v. Gamble, 429 U.S. 97, 105, 97 S.Ct. 285, 50 L.Ed.2d 251 (1976) ().
Accepting Bradley's allegations as true, the district court erred in dismissing his complaint for failure to state a claim. Bradley has a valid claim to the extent that he complains of unsanitary conditions that deprived him of basic human needs and exposed him to health risks.
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