Pinkston v. Hall
| Decision Date | 18 May 2020 |
| Docket Number | CIVIL ACTION NO. 5:18-cv-103-MTP |
| Parties | CHAZ D. PINKSTON PLAINTIFF v. PELICIA HALL, ET AL. DEFENDANTS |
| Court | U.S. District Court — Southern District of Mississippi |
THIS MATTER is before the Court on the Motion for Summary Judgment [183] filed by Defendants Trinity Services Group, Inc. and Delvittia Davis; the Motion for a Temporary Restraining Order and Preliminary Injunction [213] filed by Plaintiff; the Motion for Summary Judgment [216] filed by Defendants Centurion of Mississippi, LLC, Eshunna Robinson, April Meggs, Nathaniel Reed, and Dr. James Burke; the Motion for Summary Judgment [223] filed by Defendants Pelicia Hall, Jerry Williams, Roger Davis, Richard Pennington, Tony Compton, Gloria Perry, Mike Hatten, Chandra Berryman, and Larry Lee; the Motion for Summary Judgment [227] filed by Defendants Management & Training Corporation ("MTC"), Jody Bradley, Karen Brown, Briana Chester, Terry Daniel, Bryan Gaston, Justin Green, John Gueho, Chandra Hughey, Michael Johnson, Jacob Jones, Robert Marquardt, Bessie McKnight, Tonya Toomey, Gabriel Walker, Robyn Williams, and Delando Miles; and the Motion to Strike [280] filed by Defendants Trinity Services Group, Inc. and Delvittia Davis.
On October 1, 2018, Plaintiff Chaz Pinkston, proceeding pro se and in forma pauperis, filed this civil action pursuant to 42 U.S.C. § 1983. The allegations in Plaintiff's complaint occurred while he was incarcerated as a post-conviction inmate at the Wilkinson County Correctional Facility ("WCCF"). Plaintiff's claims were clarified and amended by his testimony at the Spears1 hearing.
Plaintiff arrived at WCCF in January of 2018 and was housed in the maximum-security unit. According to Plaintiff, on May 5, 2018, he requested a cup of water, and Defendant Michael Johnson brought him a cup of water. As Johnson talked to another individual, Plaintiff allegedly witnessed spittle from Johnson's mouth land in his cup of water. Plaintiff refused to drink the water. Allegedly, Johnson attempted to take the cup from Plaintiff's hand and then shut the cell door's tray flap on Plaintiff's hand, which resulted in his hand being numb for two or three days.
On May 10, 2018, Johnson allegedly ordered other correctional officers not to feed Plaintiff that day. Around 5:00 or 6:00 p.m. that day, Johnson opened Plaintiff's tray flap. According to Plaintiff, he reached his hand out of the tray flap, and Johnson shut the flap on Plaintiff's hand, which scraped some skin off his hand and caused numbness for a couple of days.
According to Plaintiff, on May 15, 2018, Defendants Michael King and Briana Chester were escorting Plaintiff to the law library when he began complaining that his restraints were too tight. Defendant Johnson allegedly forced his fingers under the restraints and said they were not too tight. Then, Defendant Bryan Gaston arrived and allegedly forced his fingers under the restraints. Thereafter, Plaintiff refused to walk. Johnson and Gaston allegedly picked Plaintiff up by his restraints. According to Plaintiff, Captain Scott (non-defendant) arrived and instructed Johnson and Gaston to drop Plaintiff. Defendants Terry Daniels and Tonya Toomey allegedly witnessed these events and did not stop Johnson and Gaston.
Once Plaintiff was escorted back to his housing unit, Johnson allegedly slammed Plaintiff's head against the wall, causing a large bump on his head and swelling around his eye. Defendant King allegedly witnessed Johnson's actions.
Thereafter, Defendant Nurse Eshunna Robinson treated Plaintiff in the hall. According to Plaintiff, Nurse Robinson checked his temperature and blood pressure, but failed to examine his wrists, ankles, or the bump on his head. Later, another nurse documented cuts on Plaintiff's wrists and ankles and swelling around his eye. Allegedly, this nurse stated that Plaintiff should have received a cold pack. Plaintiff claims that he got an infection in his eye two weeks later.
On July 9, 2018, Plaintiff's cell flooded when another inmate broke the sprinkler in the cell above Plaintiff's. Plaintiff allegedly asked Defendants Justin Green and John Gueho for a mat and dry clothing, but they refused. According to Plaintiff, he did not receive new clothing or other supplies for multiple days.
Plaintiff also alleges that on July 11, 2018, Defendant Green allegedly ordered other correctional officers not to provide Plaintiff food. Following Green's instructions, Defendants Chandra Hughey and Jacob Jones allegedly instructed another correctional officer (Bailey) not to provide Plaintiff food. Plaintiff alleges that, although he received breakfast each day, he did not receive lunch or dinner for approximately five days.
On July 16, 2018, while Defendants Daniels and Green were near Plaintiff's cell, Plaintiff asked Defendants if he could speak to prison officials concerning the conditions at the prison. Allegedly, Daniels told Green he could do "whatever," and Green sprayed Plaintiff with pepper spray, closed his tray flap, and did not take him to the medical unit.
Additionally, Plaintiff alleges that he has eczema and psoriasis. According to Plaintiff, he has submitted several sick calls concerning his skin conditions, but has not received responsesor sufficient treatment. Plaintiff claims that Defendants Dr. James Burke and Nathaniel Reed (Health Administrator) submitted a request to have Plaintiff seen by a dermatologist, but Defendants April Meggs (Director of Nursing), Mike Hatten (MDOC Medical Administrator), and Gloria Perry (MDOC Medical Director) refused this request.2 Plaintiff alleges that Dr. Burke and Reed failed to take additional steps to treat his skin conditions. Plaintiff, however, admits that he was seen concerning his skin conditions three or four times in 2018 and three times in 2019, that he has been provided skin creams and ointments (although he claims they were ineffective), and that he has been to a dermatologist on two occasions since he filed this action.
Plaintiff also alleges that during his incarceration, he was consistently served spoiled food and served an inadequate amount of food (approximately 1,000 calories a day). Plaintiff alleges that Defendant Delvittia Davis, as the Nutritional Supervisor, had a duty to provide fresh food and appropriate amounts of food. Plaintiff alleges that Davis refused to replace food items which were unfit. Plaintiff claims Defendant Trinity Services Group, Inc., as the food service contractor, had a duty to oversee the distribution of food and ensure the appropriate amount of fresh food was served. According to Plaintiff, the food has gotten better in 2019, but it is not satisfactory. Plaintiff alleges he experienced weight loss and diarrhea as a result of the spoiled and inadequate food.
Plaintiff asserts that Defendant Green knew about the inadequate food but failed to rectify the situation. According to Plaintiff, he sent letters concerning the food to Defendants Roger Davis (MDOC Food Services Director), Robert Marquardt (President of MTC), Pelicia Hall (MDOC Commissioner), Jerry Williams (MDOC Deputy Commissioner), Tony Compton(MDOC Contractor Administrator), Chandra Berryman (MDOC Contract Director), Larry Lee (MDOC Contract Monitor), and Robyn Williams (MTC Official).
Plaintiff also claims that he was denied recreation. According to Plaintiff, the maximum-security unit was on "lockdown" for most of 2018, and during those periods, he was in his cell 24 hours a day, with no recreation, visitation, or religious services. Plaintiff claims that Defendants Walker, Toomey, Bradley, Lee, R. Williams, Hall, and Daniels are responsible for the lack of recreation.
Plaintiff also complains about the cleanliness of his cell. Plaintiff alleges that his cell is never cleaned and that there is dried blood, feces, and mildew on the walls. Plaintiff also alleges that there is mold on the air vents3 and that the prison has spiders, gnats, and ants. Plaintiff claims that Defendants MTC, Marquardt, R. Williams, Bradley, Walker, Toomey, Daniels, Green, Brown, Gueho, Miles, and McKnight are responsible for the conditions in his cell.
Additionally, Plaintiff claims that he is a Jehovah's Witness and that Defendant Bradley would not allow him to receive religious literature or allow other Jehovah's Witnesses to come and study with him. Plaintiff also alleges that Bradley would only show the inmates religious videos of Bradley's choosing.
Finally, Plaintiff asserts a claim against Defendant Richard Pennington, the MDOC ARP Director, concerning the ARP process. Plaintiff alleges that when he submits ARP grievances, he either receives denials or no response at all. Plaintiff also alleges that there are significant delays in the ARP process and that officials do not adhere to the ARP policies.4
As relief for his claims, Plaintiff seeks compensatory and punitive damages.
A motion for summary judgement will be granted when "the record indicates that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law." Causey v. Sewell Cadillac-Chevrolet, Inc., 394 F.3d 285, 288 (5th Cir. 2004); Celotex Corp. v. Catrett, 477 U.S. 317, 322 (1986)). "The moving party must show that if the evidentiary material of record were reduced to admissible evidence in court, it would be insufficient to permit the nonmoving party to carry its burden." Beck v. Texas State Bd. of Dental Examiners, 204 F.3d 629, 633 (5th Cir. 2000). The Court is not permitted to make credibility determinations or weigh the evidence. See Deville v. Marcantel, 567 F.3d 156, 164 (5th Cir. 2009) (citing Turner v. Baylor Richardson Med. Ctr., 476 F.3d 337, 343 (5th Cir. 2001)). When deciding whether a genuine issue of fact exists, "the court must view the facts and the inferences to be drawn therefrom in the light most favorable to the nonmoving party." Sierra Club, Inc. v. ...
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