United States District Court, N.D. Mississippi, Oxford Division
A. SANDERS UNITED STATES MAGISTRATE JUDGE
matter comes before the court on the pro se prisoner
complaint of Ronald Gillette, 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. The plaintiff alleges
that the conditions of his confinement at the Tallahatchie
County Correctional Facility are unconstitutionally harsh.
For the reasons set forth below, his claims regarding
rainwater leaks, the housing of mentally ill inmates, and
unreasonably cold temperatures in his pod will proceed. The
remaining claims will be dismissed with prejudice for failure
to state a claim upon which relief could be granted.
Gillette is a 63-year-old prisoner from the Virgin Islands
who has been housed at the Tallahatchie County Correctional
Facility since February 15, 2018. He suffers from two
traumatic brain injuries and mild dementia, is confined in a
wheelchair, and believes that the conditions of his
confinement at the Tallahatchie County Correctional Facility
are unconstitutionally harsh. He alleges the following poor
(1) Rain water leaks onto the floor of his cell (causing a
safety hazard and mold);
(2) The sprinkler system in the facility is not properly
tested or maintained;
(3) Prison staff serve hot and cold food together;
(4) The facility does not properly house inmates who are
seriously mentally ill, which adversely affects the inmates
who are not mentally ill;
(5) Failure to provide him access to a typewriter;
(6) On one occasion, TCCF staff sprayed another inmate with
pepper spray, causing the plaintiff and others difficulty
(8) Cold temperature (61°) in the plaintiff's pod;
(9) Insufficient pay from his prison job as a porter/orderly.
Mr. Gillette is generally unhappy with the conditions at the
Tallahatchie County Correctional Facility and would like to
be transferred and for ...