Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Gillette v. Hininger

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

November 1, 2018

RONALD GILLETTE PLAINTIFF
v.
CORECIVIC DAMON T. HININGER, CEO TALLAHATCHIE COUNTY GOVERNMENT DEFENDANTS

          MEMORANDUM OPINION

          DAVID A. SANDERS UNITED STATES MAGISTRATE JUDGE

         This 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.

         Factual Allegations

          Mr. 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 conditions:

(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 breathing;
(7) Understaffing;
(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 ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.