United States District Court, N.D. Mississippi, Greenville Division
MEMORANDUM OPINION AND ORDER
M. BROWN UNITED STATES DISTRICT JUDGE.
civil rights action is before the Court on the motion to
dismiss filed by Marshall Fisher, Jerry Williams, Earnest
Lee, Timothy Morris, Brenda Cox, Tara Roland, and Ella
Foster. Doc. #45.
10, 2016, James Arthur Judd, as a wrongful death beneficiary
and administrator of the estate of Kevin Bowens, filed a
complaint in this Court against numerous persons and
entities, including the State of Mississippi and the
Mississippi Department of Corrections (“MDOC”).
Doc. #1. The complaint alleged that the defendants acted with
negligence and violated the constitutional rights of Bowens,
a former inmate at the Mississippi State Penitentiary, by
failing to protect Bowens from an attack by a fellow inmate
which resulted in Bowens' death. Id.
February 7, 2017, the State and MDOC filed a joint answer
asserting various affirmative defenses, including sovereign
immunity. Doc. #10. The same day, the State and MDOC filed a
motion to dismiss for lack of subject matter jurisdiction
pursuant to Rule 12(b)(1) of the Federal Rules of Civil
Procedure. Doc. #11.
March 23, 2017, Judd, with leave of the Court, filed an
amended complaint. Doc. #17. The amended complaint includes
the same general allegations but adds as defendants the
following past and former employees of MDOC: Christopher
Epps, Marshall L. Fisher, Archie Longley, Jerry Williams,
Earnest Lee, Timothy Morris, Brenda Cox, Tara Roland, Ella
Foster, Jeran Turner, Tavarius Walls, and Kimberly Williams.
See id. at ¶ 5.
Cox, Fisher, Lee, Morris, Roland, the State, and Jerry
Williams, answered the amended complaint on April 25, 2017.
Doc. #31. Foster filed a separate answer on May 9, 2017. Doc.
#35. Both answers assert qualified immunity as a defense to
Judd's action. Doc. #31; Doc. #35.
10, 2017, this Court granted the State and MDOC's motion
to dismiss. Doc. #36. Twelve days later, Cox, Fisher, Foster,
Lee, Morris, Roland, and Jerry Williams (“moving
defendants”) filed the instant motion to dismiss the
official capacity claims brought against them. Doc. #37. Judd
did not respond to the motion.
23, 2017, the moving defendants filed a motion to compel a
specific response to their qualified immunity defenses. Doc.
#41. United States Magistrate Judge Jane M. Virden granted
the motion on June 13, 2017, and directed Judd to file a
“specific and particular reply” to the qualified
immunity defenses within fourteen days. Doc. #42. Judd filed
the ordered reply on June 27, 2017, “as to Tara
Rowland, Ella Foster, and Earnest Lee.” Doc. #44.
5, 2017, the moving defendants filed a motion to dismiss the
individual capacity claims asserted against them. Doc. #45.
Judd did not respond to this motion either.
October 6, 2017, this Court entered an order granting the
motion to dismiss the official capacity claims. Doc. #48.