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Ferguson v. Ellis

United States District Court, S.D. Mississippi, Northern Division

February 4, 2019

JAMES FERGUSON PLAINTIFF
v.
BRADLEY ELLIS, et al DEFENDANTS

          REPORT AND RECOMMENDATION

          F. KEITH BALL UNITED STATES MAGISTRATE JUDGE.

         This cause is before the Court on the following motions: Plaintiff James Ferguson's Amended Motion for Preliminary Injunction and Temporary Restraining Order [29], Defendants Frank Shaw, Richard Cooney, Alma Wren, Tony Donald, and Michael Rice's Motion for Summary Judgment [30], Ferguson's Motion for Summary Judgment [33], Defendants Bradley Ellis and Kelesha Williams's Motion for Summary Judgment [39], and Ferguson's Motion to Compel Discovery [42]. 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 dismissed.

         I. Factual and Procedural History

          James 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.[1] [1] at 2; See [30-1] at 5; [39-1] at 13.

         He 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. [1] 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 slot. Id.

         Afterward, 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.

         Ferguson's Administrative Remedy Program (“ARP”) grievance is dated July 23, 2016.[2]

         [30-1] 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 ...

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