United States District Court, S.D. Mississippi, Western Division
REPORT AND RECOMMENDATION
MICHAEL T. PARKER UNITED STATES MAGISTRATE JUDGE.
MATTER is before the Court on Motion  for Summary
Judgment filed by Defendants Jody Bradley, Richard Pickett,
Diania Walker, and Gabriel Walker along with Motion  for
Summary Judgment filed by Plaintiff. Having carefully
considered the parties' submission and the applicable
law, the undersigned recommends that Defendants' Motion
 be granted in part and denied in part and
Plaintiff's Motion  be denied.
proceeding pro se, is a post-conviction inmate in
the custody of the Mississippi Department of Corrections
(“MDOC”). He filed this civil-rights lawsuit on
March 27, 2017 alleging that several prison officials failed
to protect him from harm from other inmates while he was
housed at Wilkinson County Correctional Facility
(“WCCF”). An omnibus hearing was held on August
14, 2017 to clarify and amend Plaintiff's claims.
alleges that on November 7, 2016, he was housed in protective
custody “Delta Pod” in cell 212. He was an
orderly at the prison and part of his duties included passing
out food and cleaning the cell zone. He alleges that
Defendant Officer Richard Pickett entered his zone early that
morning and while Pickett was on the zone and within earshot,
inmates Randy Williams, Phillip McClendon, Leo Perez, and
Gary Hughes, in cells 109 and 110, were yelling that they
were going to attack Plaintiff when he passed out breakfast
trays that morning.
claims that Officer Pickett then unlocked cells 109 and 110
despite instruction from another correctional officer that
the only cells to be opened that morning were Plaintiff's
cell (212) and inmate Kenneth Brewer's cell (209).
Plaintiff testified under oath that when Pickett came to
unlock his cell, he told Pickett that he did not want to come
out that morning to do his orderly duties because these four
inmates were threatening him. Plaintiff claims that Pickett
unlocked his cell despite being informed of the threats and
left. Plaintiff alleges that when he went to get the trays
from Pickett, inmate Randy Williams entered Plaintiff's
unlocked cell and hid inside. Plaintiff then passed out the
breakfast trays, and Pickett left the zone.
maintains that once he passed out breakfast he returned to
his cell and was assaulted by Randy Williams who was hidden
in his cell. He claims that Williams stabbed him and bit him.
As Plaintiff fought Williams off, Williams called for help.
McClendon, Leo Perez, and Gary Hughes then entered the cell
and assaulted him as well. McClendon allegedly stabbed him in
the leg, and they then stole his belongings. Plaintiff
testified that several officers then entered the zone and
controlled the situation. After the attack, Plaintiff was
taken for medical attention.
claims that when he was receiving medical treatment after the
attack he told both Unit Manager Diania Walker and Deputy
Warden Gabriel Walker to put “red tags” on the
inmates who assaulted him. Red tags are requests to be kept
separate from other inmates. When an inmate red tags another
inmate, those two inmates are not permitted to have any
interaction and will not be allowed out of their cells at the
same time if housed on the same unit. After Plaintiff
received medical attention, Diania Walker took him to
asserts that Diania Walker then came to his cell on December
12, 2016 and told him he was being transferred back to D-Pod.
Plaintiff objected to being moved back to where he was
assaulted. Plaintiff claims that Deputy Warden Gabriel Walker
ordered Diania Walker to put him back in D-Pod. Plaintiff
testified that he was not assaulted when he was put back in
D-Pod, but that on May 30, 2017, he set a fire so that he
would be removed from the zone. At the time of the omnibus
hearing, Plaintiff was no longer housed on D-Pod.
sues Defendant Pickett and Defendant Bradley for failing to
protect him from the assault on November 7, 2016. He sues
Defendant Diania Walker, Defendant Gabriel Walker, and
Defendant Bradley for failing to protect him when he was
placed back on Delta Pod on December 12, 2016. Defendants
filed their Motion  for Summary Judgment on May 10, 2019.
Plaintiff did not respond to Motion  and the time for
doing so has expired. On May 28, 2019, Plaintiff filed his
Motion  for Summary Judgment. Defendants filed their
Response , and both motions are now ripe for
judgment is proper if the pleadings, depositions, answers to
interrogatories, and admissions on file, together with the
affidavits, if any, show that there is no genuine issue as to
any material fact and that the moving party is entitled to
judgment as a matter of law.” Celotex Corp. v.
Catrett, 477 U.S. 317, 322 (1986) (internal quotations
omitted). The Court must view the evidence in the light most
favorable to the non-moving party. Causey v. Sewell
Cadillac-Chevrolet, Inc., 394 F.3d 285, 288 (5th Cir.
2004). If the moving party meets its burden, the
“nonmovant must go ...