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Corley v. Banks

United States District Court, N.D. Mississippi, Greenville Division

March 9, 2017

WILTON WADE CORLEY, III, PLAINTIFF
v.
SHERIFF RICKY BANKS KEN SPENCER TYRONE BANKS CHIP GRAVLEE NURSE HOLMES SGT. GAYDEN SGT. ALPHONSO WILLIAMS LEFLORE COUNTY ADULT DETENTION CENTER PAROLE OFFICER NANETTER TROTTER DOROTHY DOZIER MISSISSIPPI DEPARTMENT OF CORRECTIONS, DEFENDANTS

          MEMORANDUM OPINION

          SHARION AYCOCK U.S. DISTRICT JUDGE

         This matter comes before the court on the pro se prisoner complaint of Wilton Wade Corley, III, who challenges the conditions of his confinement under 42 U.S.C. § 1983. For the purposes of the Prison Litigation Reform Act, the court notes that the plaintiff was incarcerated when he filed this suit. The plaintiff has brought the instant case under 42 U.S.C. § 1983, which provides a federal cause of action against “[e]very person” who under color of state authority causes the “deprivation of any rights, privileges, or immunities secured by the Constitution and laws.” 42 U.S.C. § 1983. The plaintiff alleges that during his stay at the Leflore County Detention Center, the County Defendants denied him adequate medical care and tampered with his mail. In addition, he has alleged that Mississippi Department of Corrections defendant Nanette Trotter denied him adequate medical care. The County Defendants have moved [47] for summary judgment, and the State Defendant has joined [49], [65] in that motion. In addition, the State Defendant has filed a separate motion [50] for summary judgment based upon Eleventh Amendment immunity. The plaintiff has not responded to the motions, and the deadline to do so has expired. For the reasons set forth below, the motions [47], [49], [50] by the defendants for summary judgment will be granted, and judgment will be entered for the defendants in all respects.

         Summary Judgment Standard

         Summary judgment is appropriate if the “materials in the record, including depositions, documents, electronically stored information, affidavits or declarations, stipulations (including those made for purposes of the motion only), admissions, interrogatory answers, or other materials” show 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.P. 56(a) and (c)(1). “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) (citing Celotex Corp. v. Catrett, 477 U.S. 317 (1986), cert. denied, 484 U.S. 1066 (1988)). After a proper motion for summary judgment is made, the burden shifts to the non-movant to set forth specific facts showing that there is a genuine issue for trial. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 249, 106 S.Ct. 2505, 2511, 91 L.Ed.2d 202 (1986); Beck, 204 F.3d at 633; Allen v. Rapides Parish School Bd., 204 F.3d 619, 621 (5th Cir. 2000); Ragas v. Tennessee Gas Pipeline Company, 136 F.3d 455, 458 (5th Cir. 1998). Substantive law determines what is material. Anderson, 477 U.S. at 249. “Only disputes over facts that might affect the outcome of the suit under the governing law will properly preclude the entry of summary judgment. Factual disputes that are irrelevant or unnecessary will not be counted.” Id., at 248. If the non-movant sets forth specific facts in support of allegations essential to his claim, a genuine issue is presented. Celotex, 477 U.S. at 327. “Where the record, taken as a whole, could not lead a rational trier of fact to find for the non-moving party, there is no genuine issue for trial.” Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 587, 89 L.Ed.2d 538 (1986); Federal Savings and Loan, Inc. v. Krajl, 968 F.2d 500, 503 (5thCir. 1992). The facts are reviewed drawing all reasonable inferences in favor of the non-moving party. Allen, 204 F.3d at 621; PYCA Industries, Inc. v. Harrison County Waste Water Management Dist., 177 F.3d 351, 161 (5th Cir. 1999); Banc One Capital Partners Corp. v. Kneipper, 67 F.3d 1187, 1198 (5th Cir. 1995). However, this is so only when there is “an actual controversy, that is, when both parties have submitted evidence of contradictory facts.” Little v. Liquid Air Corp., 37 F.3d 1069, 1075 (5th Cir. 1994); see Edwards v. Your Credit, Inc., 148 F.3d 427, 432 (5th Cir. 1998). In the absence of proof, the court does not “assume that the nonmoving party could or would prove the necessary facts.” Little, 37 F.3d at 1075 (emphasis omitted).

         The plaintiff cannot meet this burden with “some metaphysical doubt as to the material facts, ” Matsushita Elec. Indus. Co., Ltd. v. Zenith Radio Corp., 475 U.S. 574, 586, 106 S.Ct. 1348, 1356 (1986), “conclusory allegations, ” Lujan v. National Wildlife Federation, 497 U.S. 871, 871-73, 110 S.Ct. 3177, 3180 (1990), “unsubstantiated assertions, ” Hopper v. Frank, 16 F.3d 92 (5th Cir. 1994), or by a mere “scintilla” of evidence, Davis v. Chevron U.S.A., Inc., 14 F.3d 1082 (5th Cir. 1994). It would undermine the purposes of summary judgment if a party could defeat such a motion simply by “replac[ing] conclusory allegations of the complaint or answer with conclusory allegations of an affidavit.” Lujan v. National Wildlife Federation, 497 U.S. 871, 888, 110 S.Ct. 3177, 3188 (1990). In considering a motion for summary judgment, a court must also determine whether the non-moving party's allegations are plausible. Matsushita, supra. (emphasis added). “[D]etermining whether a complaint states a plausible claim is context-specific, requiring the reviewing court to draw on its experience and common sense.” Ashcroft v. Iqbal, 556 U.S. 662, 129 S.Ct. 1937 (2009) (discussing plausibility of claim as a requirement to survive a motion to dismiss under Fed.R.Civ.P. 12(b)(6)).

         In considering a motion for summary judgment, once the court “has determined the relevant set of facts and drawn all inferences in favor of the nonmoving party to the extent supportable by the record, [the ultimate decision becomes] purely a question of law.” Scott v. Harris, 550 U.S. 372, 381 (2007) (emphasis in original). “When opposing parties tell two different stories, one of which is blatantly contradicted by the record, so that no reasonable jury could believe it, a court should not adopt that version of the facts for purposes of ruling on the motion for summary judgment.” Id. at 380.

         The Plaintiff's Claims

         The plaintiff's remaining claims are:

1. that Sheriff Ricky Banks, Tyrone Banks, Nurse Holmes, Sergeant Gayden, Sergeant Alphonso Williams, Parole Officer Nanette Trotter, Dorothy Dozier, and the Mississippi Department of Corrections denied him adequate medical care; and
2. that Chief of Security Chip Gravlee tampered with the plaintiff's mail.

         Undisputed Material Facts[1]

         The Leflore County Adult Detention Center (“LCADC”) is a small jail located in and operated by Leflore County. Administrator Banks Aff. ¶ 4, Ex. “A.” At the time Corley was incarcerated, approximately 91 inmates were incarcerated in the LCADC, with 62 inmates in Pod C with the plaintiff. Id. Wilton Wade Corley, III has been incarcerated many times with the LCADC and is known in the facility as “Chill Will.” Id. ¶ 3. He is well-known there because he, on at least on one occasion, tried to break into the jail. Id.

         Corley did not use the grievance procedure to seek relief regarding the conditions of his confinement for dates October 13, 2015, through November 14, 2015, . Id. ¶ 6; Sheriff Banks Aff. ¶ 4, Ex. “B”; Gravlee Aff. ¶ 5, Ex. “C”; Hood Aff. ¶ 4, Ex. “D”; Gayden Aff. ¶ 3, Ex. “E.” Indeed, Corley filed no grievances at all during that stay at the LCADC. Id. Though Corley has alleged that he filed three grievances, he has provided no documentary proof to substantiate the allegation. In addition, Corley filed no grievances with the Mississippi Department of Corrections regarding his allegations against defendant Nanette Trotter. Doc. 65.

         Exhaustion of ...


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