United States District Court, S.D. Mississippi, Southern Division
MEMORANDUM OPINION AND ORDER OF PARTIAL
GUIROLA, JR. CHIEF U.S. DISTRICT JUDGE
case is before the Court sua sponte. Pro se
Plaintiff Robert Warren Triplett, Jr., is incarcerated with
the Mississippi Department of Corrections
(“MDOC”), and he challenges the conditions of his
confinement. The Court has considered and liberally construed
the pleadings. As set forth below, Defendants Laura Tilley,
Gia McLeod, Joseph Cooley, Valley Foods, Aramark, and CGL, a
Hunt Company, are dismissed.
AND PROCEDURAL HISTORY
is housed at the South Mississippi Correctional Institution
(“SMCI”). The twenty Defendants are all either
employed or contracted by MDOC. Defendant Jacqueline Banks is
the Superintendent of SMCI, and Defendant Marshall Turner is
the Warden. Defendants Faytonia Johnson, Joy Ross, Captain R.
Evans, Captain S. Evans, Captain Cooley, Captain Davis,
Lieutenant Causey, and Lieutenant Taylor are all correctional
officers there. Defendant Laura Tilley works in the
prison's law library, and Defendant Gia McLeod is the
director of MDOC's Inmate Legal Assistance Program.
Defendant Joseph Cooley works for the prison's
Administrative Remedy Program (“ARP”). Defendants
Ronald Woodall and Dr. C. McCleave are doctors at SMCI, and
Defendants Nurse Hardy and Nurse Practitioner G. Woodland
work as nurses there. Defendants Valley Foods and Aramark
are, respectively, the former and current food vendors for
MDOC. Finally, Defendant CGL, a Hunt Company, is alleged to
be the maintenance contractor for SMCI.
complaints include lighting, sanitation, and handicap
accessibility issues in his housing zone. He also attempts to
assert claims concerning the handling of his inmate bank
account, the handling of his grievances, medical care; and
the amount of food he is being served.
the conditions on Triplett's housing zone, he first
alleges that the lighting is so insufficient that it causes
difficulty in seeing and doing his legal work and makes him
depressed. Triplett accuses Banks and Warden Turner of being
deliberately indifferent to the lighting issue.
next claims that, since October of 2015, there have been
frequent sewage leaks from two of the toilets, coupled with
the fact that the drain in the floor is allegedly stopped up.
This, he contends causes the sewage to puddle on the floor
and be tracked all over the zone. He allegedly reported the
issue to Banks, Warden Turner, and Johnson. The issue was
turned over to the maintenance contractor, and CGL allegedly
attempted repairs to the wax seals under the toilets. The
repairs, Triplett contends, have not fixed the issue, which
“should have been readily apparent to” Banks,
Turner, and Johnson. (Compl. at 14). Triplett claims that
Johnson allowed him to write the local CGL supervisor to give
a repair procedure that Triplett believes will address the
problem, but after the supervisor received it, “nothing
has been done.” Id.
Triplett alleges that there is only one handicap accessible
toilet on the zone, which houses 100 inmates. He admits there
is no one on the zone who needs a wheelchair; however, he
contends that he needs the handicap accessible toilet when
his knees become “especially troublesome.”
Id. at 13. Triplett accuses Banks and Johnson of
being deliberately indifferent to this situation.
the issues on Triplett's particular housing zone, he also
complains about the manner in which his inmate bank account
is being handled. Specifically, he accuses Tilley and McLeod
of overcharging him for legal postage, which overcharge is
“not in accordance with . . . MDOC . . . policies . . .
and then failing to address these instances when and [sic]
Administrative Remedy Procedure was submitted.” (Resp.
at 1). Triplett also complains that Dr. Woodall charged him
for chronic care eye appointments, allegedly in contravention
of MDOC policy. Triplett further takes issue with the fact
that Dr. Woodall handled both the First and Second Steps of
the ARP that challenged these medical charges. Triplett
claims that there are probably more charges he could dispute
but for missing inmate account statements.
Tilley, McLeod, and Woodall, Triplett faults Joseph Cooley
for the way Triplett's ARP grievances were handled.
Cooley is accused of losing some of the grievances, failing
to both process the grievances and forward the responses
“in an expedient manner, ” backlogging
Triplett's grievances, and sending the grievance to the
same person to hear the First and Second Steps. Id.
Triplett complains about his medical care for his sinuses and
a skin condition. He alleges that Nurse Hardy denied him
treatment for a sinus condition and that this failure was
caused by Dr. Woodall's failure to train the nurses that
they, too, were allowed to provide symptomatic relief,
pending an inmate's appointment with a doctor. Triplett
additionally accuses Dr. Woodall, Dr. McCleave, and Nurse
Woodland of not giving him nose spray to relieve his
congested nose and ears. Triplett also faults Dr. McCleave
and Nurse Woodland for allegedly denying him antibiotics for
this. As for Triplett's dermatological concerns, he
contends that a dermatologist has prescribed him medicated
shampoo, and Dr. Woodall “routinely reduces the number
of refills” on this shampoo. Id. at 6.
Triplett alleges that he is being denied food through missing
items and inadequate portions of the items that are served.
As a result, he claims to have lost weight. He maintains that
the problem stems from inmate kitchen workers who are
stealing food from the kitchen and placing unreasonably small
amounts of food on the inmate trays. Allegedly, Banks, Warden
Turner, Ross, Captain R. Evans, Captain S. Evans, Captain
Cooley, Captain Davis, Lieutenant Causey, and Lieutenant
Taylor are all aware of the problem but are deliberately
indifferent to it. Triplett believes the missing items and
inadequate portions are also the fault of Aramark and the
personnel of Valley Foods and Aramark.
brings this action, pursuant to 42 U.S.C. § 1983,
asserting claims for cruel and unusual punishment, denial of
handicap accessibility, and violations of due process. He