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Callaway v. Morris
United States District Court, N.D. Mississippi, Greenville Division
May 1, 2019
DILLON CALLAWAY PLAINTIFF
WARDEN TIMOTHY MORRIS WARDEN LEE SIMON WARDEN VERLENA FLAGG WILLIE KNIGHTEN LT. ED THIGPEN LT. MONTRELL ALEXANDER DEFENDANTS
PERCY UNITED STATES MAGISTRATE JUDGE
matter comes before the court on the pro se prisoner
complaint of Dillon Callaway, 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 defendants subjected him to unconstitutionally harsh
general conditions of confinement and failed to provide him
with adequate medical care. For the reasons set forth below,
the plaintiff's claims regarding the general conditions
of his confinement will be dismissed for failure to state a
claim upon which relief could be granted. His claims
regarding failure to provide adequate medical care will,
Callaway is concerned with the fact that his previous cell
leaked when it rained, and the water caused mold to grow in
his cell. In addition, he slipped and fell in the water, tore
a meniscus in his knee, and has not gotten the treatment he
believes is required under the Constitution. His claims are
straightforward, as set forth in the following timeline:
1/30/2018: He told the Unit Officer about the leak in his
cell. The Officer said he would forward the complaint to the
2/7/2018: Callaway told Lt. Thigpen about the leak. Thigpen
said he would get with the Warden about the problem.
2/19/2018: Callaway wrote Warden Morris about the leaky cell
and requested to be moved to another cell.
2/26/2018: Callaway filed a grievance about the leaky cell,
but an officer mistakenly put the grievance in the mail,
which was returned to him - delaying its handling.
3/1/2018: Callaway re-filed the grievance.
3/12/2018: Callaway slipped and fell in his wet cell,
injuring his back, head, and knee. An ambulance arrived, and
he was treated on the scene. He was supposed to have been
transported to the prison hospital, but there were not enough
officers on duty to provide an escort.
3/14/2018: Hospital Transportation Officer Cashew and Officer
Johnson arrived to transport Callaway to the hospital, but an
officer had inadvertently taken the cell keys - and Callaway
could not go to the hospital.
3/20/2018: Nurse Steward came to see Callaway about his back
and knee pain. He received acetaminophen for pain. The nurse
told him that the swelling should go down with rest.
Repeatedly: Lt. Thigpen and Lt. Alexander told Callaway that
they could not do anything to help him; it was up to the
4/4/2018: After filing several sick call requests, Callaway
visited medical, where Dr. ...
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