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Williams v. Mississippi Department of Corrections

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

October 4, 2018

DEMETRIUS MONTREL WILLIAMS PLAINTIFF
v.
MISSISSIPPI DEPARTMENT OF CORRECTIONS DEFENDANT

          MEMORANDUM OPINION

          JANE M. VIRDEN UNITED STATES MAGISTRATE JUDGE

         This matter comes before the court on the pro se prisoner complaint of Demetrius Montrel Williams, 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. This case is proceeding under Magistrate Jurisdiction in accordance with 28 U.S.C. § 636(c). The plaintiff alleges that the defendants have miscalculated his sentence, subjected him to “mental sexual abuse, ” and placed him in extended lockdown based upon misbehavior by prisoners in other units. For the reasons set forth below, the instant case will be dismissed for failure to state a claim upon which relief could be granted.

         Factual Allegations

          As an initial matter, the court notes that Mr. Williams suffers from a serious mental illness. He made clear in his complaint and supplements to it that he is supposed to take medication to keep him from “losing his mind.” In his amended complaint, however, he states that he has stopped taking his medication. He hears voices telling him to kill himself. Prison staff tell him to take his medication, but he refuses.

         Mr. Williams' complaint is not a model of clarity. The court has summarized his allegations below.

         (1) The Mississippi Department of Corrections has miscalculated the duration of his sentence.

An inmate and case worker filed a grievance or Rule Violation Report that “took 3 years off” Williams' time sheet. This involved an incident where staff sprayed mace, and Williams caused a ruckus. After that incident, he was placed in short term segregation (4 months), then placed in the Long-term Segregation Program for high-risk offenders. He alleges that staff lied about him to have him placed in segregation. According to Mr. Williams, other errors have caused him to lose an additional 21 months of time towards his sentence. All of his efforts to correct his time sheet have failed.

         (2) His unit has been locked down based upon the actions of inmates in other units.

         (3) He has been “mentally sexually abused.”

It does not appear that anyone has physically abused him, but he believes the following staff members are trying to seduce him: Counselor Eubanks, Officer Gardner, Officer Williams, and Captain Smith. Mr. Williams believes that these defendants are gang members and that they have threatened to kill him. He alleges that “they did kill several offenders and stab[bed] them about similar issues[.] Check records.”

         (4) Placement in long-term segregation.

At his Spears hearing, Mr. Williams testified that he is currently in the Long-term Segregation Program, in which he has been housed several times, usually after getting into an “altercation” with either other inmates or staff.

         Discussion

         The court will address Mr. Williams' ...


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