United States District Court, N.D. Mississippi, Oxford Division
M. VIRDEN UNITED STATES MAGISTRATE JUDGE
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.
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
Williams' complaint is not a model of clarity. The court
has summarized his allegations below.
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
His unit has been locked down based upon the actions
of inmates in other units.
He has been “mentally sexually
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
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
court will address Mr. Williams' ...