United States District Court, S.D. Mississippi, Northern Division
REPORT AND RECOMMENDATION
KEITH BALL UNITED STATES MAGISTRATE JUDGE.
cause is before the Court on the following motions: Plaintiff
James Ferguson's Amended Motion for Preliminary
Injunction and Temporary Restraining Order , Defendants
Frank Shaw, Richard Cooney, Alma Wren, Tony Donald, and
Michael Rice's Motion for Summary Judgment ,
Ferguson's Motion for Summary Judgment , Defendants
Bradley Ellis and Kelesha Williams's Motion for Summary
Judgment , and Ferguson's Motion to Compel Discovery
. For the following reasons, the undersigned recommends
that Defendants' motions for summary judgment be granted,
Ferguson's motion for a preliminary injunction and
temporary restraining order be denied, and the complaint be
Factual and Procedural History
Ferguson is an inmate in the custody of the Mississippi
Department of Corrections (“MDOC”). He is
currently housed at the Wilkinson County Correctional
Facility, however all relevant events in his complaint took
place at the East Mississippi Correctional Facility
(“EMCF”). He is proceeding pro se and
in forma pauperis. Ferguson alleges that on May 28,
2016, Corrections Officers Bradley Ellis and Kelesha Williams
allowed an inmate, “Offender Eugene, ” to splash
him with urine.  at 2; See [30-1] at 5; [39-1]
contends that Defendants Ellis and Williams failed to
properly restrain Eugene and permitted him to carry “a
two-ounce milk carton” filled with urine, while they
escorted him from his cell to the shower.  at 2.
Meanwhile, Ferguson, confined to his cell, was watching
television through the cell door's food tray slot.
Id. When Eugene passed by Ferguson's cell door,
he threw the urine at Ferguson's face through the tray
Ferguson claims that he wrote to Captain of Security Rice,
Warden Shaw, and Unit Manager Donald. Id. He filed a
Request for Administrative Remedy against Ellis and Williams.
Id. He claims that “the action committed by
these two officers violate[s] the Eight Amendment, which
makes them liable for damages.” Id. at 5.
Administrative Remedy Program (“ARP”) grievance
is dated July 23, 2016.
at 5. It reads as follows:
Date of Incident: July 23, 2016
Time of Incident: 11:30 a.m.
Place of Incident: 5-A
Alleged Complaint: Breach of Security
Saturday morning, between 11 a.m. and 12 o'clock Officer
Ellis and Female Officer Williams were escorting Eugene Cell
#112 to the shower unrestrain. When they reach my Cell #114
Eugene dash a milk carton full of piss in my face when I was
sitting in the food tray slot watching T.V. Then they all