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Callaway v. Morris

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

May 1, 2019

DILLON CALLAWAY PLAINTIFF
v.
WARDEN TIMOTHY MORRIS WARDEN LEE SIMON WARDEN VERLENA FLAGG WILLIE KNIGHTEN LT. ED THIGPEN LT. MONTRELL ALEXANDER DEFENDANTS

          MEMORANDUM OPINION

          ROY PERCY UNITED STATES MAGISTRATE JUDGE

         This 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, however, proceed.

         Factual Allegations

         Mr. 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 Lieutenant.
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 Warden.
4/4/2018: After filing several sick call requests, Callaway visited medical, where Dr. ...

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