Searching over 5,500,000 cases.


searching
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.

Ragin v. Lee

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

May 12, 2017

FREDERICK RAGIN PLAINTIFF
v.
EARNEST LEE; DEPUTY WARDEN ANDREW MILLS, WARDEN TIMOTHY MORRIS; and COMMISSIONER MARSHALL FISHER DEFENDANTS

          MEMORANDUM OPINION AND ORDER

          DEBRA M. BROWN UNITED STATES DISTRICT JUDGE.

         This pro se prisoner action is before the Court on the motion for summary judgment of Timothy Morris. Doc. #39.

         I

         Procedural History

         On or about September 21, 2015, Frederick Ragin filed a complaint in this Court against Earnest Lee, Andrew Mills, Timothy Morris, and Marshall Fisher. Doc. #1. In his complaint, Ragin alleges that he “was shot [a]nd assaulted by [a] state trooper ... located at Unit 29-C-Bldg-A-Zone at about 3:00 am.” Id. at 3.

         On February 1, 2016, following a Spears hearing, United States Magistrate Judge Jane M. Virden issued a Report and Recommendation recommending dismissal of all claims in this action except a failure to protect claim asserted against Morris. Doc. #15 at 4. This Court adopted the Report and Recommendation on May 17, 2016. Doc. #25.

         On September 12, 2016, Morris filed a motion for summary judgment on the sole remaining claim. Doc. #39. Ragin did not respond to the motion.

         II

         Summary Judgment Standard

         Under Rule 56 of the Federal Rules of Civil Procedure, “[s]ummary judgment is proper only when the record demonstrates that no genuine issue of material fact exists and the movant is entitled to judgment as a matter of law.” Luv N' Care Ltd. v. Groupo Rimar, 844 F.3d 442, 447 (5th Cir. 2016). “A factual issue is genuine if the evidence is sufficient for a reasonable jury to return a verdict for the non-moving party and material if its resolution could affect the outcome of the action.” Burton v. Freescale Semiconductor, Inc., 798 F.3d 222, 226 (5th Cir. 2015) (internal quotation marks omitted). On a motion for summary judgment, a court must “consider the evidence in the light most favorable to the nonmoving party and draw all reasonable inferences in its favor.” Edwards v. Cont'l Cas. Co., 841 F.3d 360, 363 (5th Cir. 2016).

         In seeking summary judgment, “[t]he moving party bears the initial responsibility of informing the district court of the basis for its motion, and identifying those portions of the record which it believes demonstrate the absence of a genuine issue of material fact.” Nola Spice Designs, L.L.C. v. Haydel Enters., Inc., 783 F.3d 527, 536 (5th Cir. 2015) (internal quotation marks and alterations omitted). If the moving party satisfies this burden, “the non-moving party must go beyond the pleadings and by her own affidavits, or by the depositions, answers to interrogatories, and admissions on file, designate specific facts showing that there is a genuine issue for trial.” Id. (internal quotation marks omitted). “Where the nonmoving party bears the burden of proof at trial, the moving party satisfies this initial burden by demonstrating an absence of evidence to support the nonmoving party's case.” Celtic Marine Corp. v. James C. Justice Cos., Inc., 760 F.3d 477, 481 (5th Cir. 2014).

         III

         Factual Background

         At all relevant times, Ragin was an inmate in the custody of the Mississippi Department of Corrections (“MDOC”) housed in Unit 29-C at the Mississippi State Penitentiary in Parchman, Mississippi. Unit 29-C has an “open barracks” layout with two zones. Each of the two zones in the unit consists of one large ...


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.