Searching over 5,500,000 cases.

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Davis v. Butler

United States District Court, S.D. Mississippi, Eastern Division

October 30, 2014

RICKEY DAVIS, Plaintiff,
DELANE BUTLER, et al., Defendants.


MICHAEL T. PARKER, Magistrate Judge.

THIS MATER is before the Court on the Defendants' Motion to Dismiss and/or for Summary Judgment [39]. Having reviewed the submissions of the party and the applicable law, the Court finds that the Defendants' Motion [39] should be GRANTED and that this matter should be dismissed without prejudice for Plaintiff's failure to exhaust administrative remedies.


Plaintiff Rickey Davis is a post-conviction inmate in the custody of the Mississippi Department of Corrections ("MDOC") at East Mississippi Correctional Facility ("EMCF") in Meridian, Mississippi. However, at the time the alleged events giving rise to this lawsuit occurred, Davis was a pretrial detainee at the Jefferson Davis County Jail ("JDCJ"). Plaintiff was arrested in Lawrence County, Mississippi on charges of rape, and later entered a guilty plea to a charge of aggravated assault.[1] After Plaintiff's arrest but before his guilty plea, he was temporarily transferred from Lawrence County to JDCJ.[2]

Defendants state that JDCJ is small facility that houses a maximum of twenty-five inmates.[3] Defendants state that prisoners are housed at JDCJ due to issues such a overcrowding, but that the original entity, in this case Lawrence County, remains responsible for costs associated with housing the inmate.[4] Furthermore, Lawrence County continues to control the substantive aspects of an inmate's incarceration, including medical treatment and personal property.[5] Prisoners do not bring any personal property with them to JDCJ. In this case, because Plaintiff was a Lawrence County prisoner, his personal property remained at that facility.[6]

Plaintiff, proceeding pro se, filed his complaint on November 15, 2012. Plaintiff's claims were later clarified and amended by his sworn testimony at the Spears [7] hearing in this case. Plaintiff alleges that Defendant Delane Butler, an officer at JDCJ, conducted a search of his cell and threw away Plaintiff's belongings, which he estimates had a value of $75.[8] Plaintiff also claims that Butler threw away legal mail, which he alleges might have contained a document that could have exonerated his later conviction of aggravated assault.[9] Plaintiff alleges that Butler acted against him in retaliation for the role he played in Butler losing her job at Lawrence County Jail.[10] Plaintiff alleges that he wrote letters to Defendant Charles Johnson advising him of the incident with Butler, but that Johnson responded that there was nothing he could do and that Plaintiff's complaints were unimportant. Davis also asserts that he notified Defendant Ronald Strickland, the Sherriff in Jefferson Davis County, of the incident, but that Strickland did nothing to help him.[11]

In addition, Plaintiff alleges that Defendant Rodney Bass denied him proper medical care. Plaintiff alleges that Bass refused to bring Plaintiff Vaseline and other medications, which Plaintiff needed to treat his psoriasis.[12] Plaintiff claims that he was deprived of this medication for three months, and that he was in extreme discomfort during that time.[13] Plaintiff seeks reimbursement of $75 for his lost property and unspecified emotional distress damages.

On April 3, 2014, Defendants filed their Motion to Dismiss and/or for Summary Judgment [39]. In their Motion, Defendants argue that Plaintiff's claims should be dismissed because: (1) Plaintiff has failed to exhaust his administrative remedies; (2) Plaintiff has failed to demonstrate a violation of his constitutional rights; (3) the relief sought by Plaintiff is moot; and (4) Defendants are entitled to qualified immunity.


Because the Defendants have submitted matters outside the pleadings with their Motion to Dismiss and/or for Summary Judgment [39], the motion should be characterized as a motion for summary judgment. See FED. R. CIV. PRO. 12(b); Young v. Biggers, 938 F.2d 565, 568 (5th Cir. 1991). The Court shall grant summary judgment "if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law." FED. R. CIV. PRO. 56(a). The Supreme Court has held that Rule 56 requires summary judgment in any case where a party "fails to establish the existence of an element essential to his case on which he bears the burden of proof." Washington v. Armstrong World Indus., 839 F.2d 1121, 1122 (5th Cir. 1988).

The Court may grant summary judgment only if, viewing the facts in a light most favorable to the plaintiff, the defendant demonstrates that there is no genuine issue of material fact and that he is entitled to judgment as a matter of law. Woods v. Smith, 60 F.3d 1161, 1164 (5th Cir. 1995). The existence of an issue of material fact is a question of law that the court must decide, and in making that decision, it must "draw inferences most favorable to the party opposing the motion, and take care that no party will be improperly deprived of a trial of disputed factual issues." Id. at 712 (quoting U.S. Steel Corp. v. Darby, 516 F.2d 961, 963 (5th Cir. 1975)).


Plaintiff filed his complaint pursuant to 42 U.S.C. § 1983 for alleged violations of his constitutional rights. Defendants claim, in part, that this matter should be dismissed because Plaintiff failed to exhaust his administrative remedies.[14] The Prison Litigation Reform Act ("PLRA"), 42 U.S.C. § 1997e(a), requires prisoners to exhaust any available administrative remedies prior to filing suit under 42 U.S.C. § 1983. A prisoner cannot satisfy the exhaustion requirement "by filing an untimely or otherwise procedurally defective administrative grievance or appeal" because "proper exhaustion of administrative remedies is necessary." Woodford v. Ngo, 548 U.S. 81, 83-84 (2006); "Indeed... a prisoner must now exhaust administrative remedies even where the relief sought-monetary damages-cannot be granted by the administrative process." Id. at 85.

Here, Plaintiff claims that he notified Ronald Strickland in some way of the incident with Delane Butler, and that Strickland failed to respond or rectify the issue. However, Plaintiff has failed to provide any documentation supporting his assertion that he attempted to exhaust his claims, or any information whatsoever regarding when or how these notifications were allegedly made by him.The United States Court of Appeals for the Fifth Circuit has upheld the grant of summary judgment where the evidence revealed that an inmate has not followed prison guidelines for filings grievances and thus had not exhausted his administrative remedies. Stout v. North-Williams, 476 Fed.App'x 763, 765 (5th Cir. 2012). Furthermore, court have been clear that a prisoner cannot fulfill the exhaustion requirement through general allegations that he notified prison officials of a violation, rather, he must follow the process set forth by the prison. See, e.g., Woodford, 548 U.S. at 83-84; Johnson v. Ford, 261 Fed.App'x 752, 755 (5th Cir. 2008) (stating that the Fifth ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.