United States District Court, S.D. Mississippi, Northern Division
KEITH BALL, UNITED STATES MAGISTRATE JUDGE
cause is before the Court on Defendants' motions for
summary judgment,  and . For the following reasons,
the Court finds that the motions should be granted in part
and denied in part.
Lincoln Dille, II, was a pretrial detainee in the custody of
Hinds County, Mississippi, from February 2014 until August
2018. His suit, brought pursuant to 42 U.S.C. § 1983,
primarily concerns his time at the Jackson Detention Center.
Dille is proceeding pro se and in forma
pauperis and has named four defendants: Hinds County,
Mississippi, former Hinds County Sheriff Tyrone Lewis,
current Hinds County Sheriff Victor Mason, and Captain Sandra
Dalton. Each defendant has moved for summary judgment.
February 2014, authorities charged Dille with murder.  at
4; [52-1] at 36. Hinds County officials initially housed him
at the Raymond Detention Center in Raymond, Mississippi. 
at 4. However, Dille received threats from other Raymond
detainees who had known Dille's alleged victim.
Id. As a result, Hinds County officials transferred
Dille to the Jackson Detention Center, and he was placed in
protective custody. [52-2] at 12, 17.
the events giving rise to Dille's suit took place during
the three years he was housed at the Jackson Detention
Center. He alleges the following:
10, 2014, Dille requested that he be allowed to leave
protective custody. [52-1] at 29-30. He signed a waiver that
same day confirming his request. Id. at 30; [52-2]
at 17. In August 2014, a group of inmates assaulted Dille,
causing him to lose three teeth.  at 4; [52-2] at 7.
Although Dille had previously had arguments with some of the
inmates involved in the assault, he does not recall reporting
problems with them to jail personnel prior to the attack.
[52-2] at 9.
March 2016, officials moved Dille into a cell without a sink
or a toilet.  at 5-6. Dille alleges that he was housed in
this cell for between one and two weeks. [52-2] at 10. He
contends that he had no access to a toilet from 11 p.m. until
5 or 6 a.m. each night, and that he was forced to urinate in
a cup. Id. According to Dille, he filed suit against
Sandra Dalton relating to this cell assignment because she
“was captain around [that] time.” Id. at
2016, Dille claims an officer, Lt. Irving, and a group of
sheriff's deputies used excessive force against him and
other inmates.  at 5. He alleges that the officers falsely
accused him and the other inmates of putting a hole in a cell
wall. Id. According to Dille, the officers
“demanded [that they] crawl out of [their] cells as
they beat [them] with flashlights.” Id.
Officers also hit Dille with a nightstick several times.
[52-2] at 11. Officers tased two other inmates and
“stomped [Dille's] back and beat [them] as [they]
crawled back in [their] cells.”  at 5.
also alleges that officers at the Jackson Detention Center
read and were “faking” his legal mail.  at 1.
He contends that they threw away some of his letters to the
Court. Id. at 2. He bases his allegations on the
fact that the Court did not receive some of his letters.
[52-2] at 13-14. He alleges that other inmates also reported
that some of their letters never arrived at the intended
destinations. Id. at 14. Dille filed suit against
Sandra Dalton relating to these problems because she was
“over the mail, too.” [52-2] at 15. “She
had dealings with the mail situation . . . .”
Id. Dille also claims that Dalton threatened to
transfer him from the Jackson Detention Center back to the
Raymond Detention Center because he had written to the ACLU.
 at 1.
filed their first motion for summary judgment on June 19,
2018, alleging that Dille had failed to exhaust available
administrative remedies prior to filing suit. . The Court
provided a copy of the motion to Dille at the June 27, 2018,
omnibus hearing and set a deadline of July 13, 2018, for him
to respond. [52-2] at 22-23. Defendants filed their second
motion for summary judgment on November 14, 2018. . Dille
did not file a response to either motion.
first Dille's claim against Hinds County, “[t]he
Supreme Court has held that in order for a local governmental
entity to have liability under Section 1983, a plaintiff must
prove that a policy, custom, or practice of that local
government entity was the ‘moving force' behind the
constitutional violation.” Mann v. King, No.
1:13-cv-491-MTP, 2014 WL 808501, at *2 (S.D.Miss. Feb. 28,
2014)(quoting Monell v. Dep't of Social Servs.,
436 U.S. 658, 694 (1978)). At the omnibus hearing, the Court
asked Dille his reasons for suing each party. Regarding Hinds
County, he responded, “I really kind of investigated,
and I really just [came] to understand that I may have to sue