Harth v. Mississippi Department of Correction

Full title: KENNETH DWAYNE HARTH, SR. PLAINTIFF v. MISSISSIPPI DEPARTMENT OF…

Court: United States District Court, Northern District of Mississippi

Date published: Jul 22, 2021

4:20CV47-RP (N.D. Miss. Jul. 22, 2021)

Opinion

4:20CV47-RP

07-22-2021

KENNETH DWAYNE HARTH, SR. PLAINTIFF v. MISSISSIPPI DEPARTMENT OF CORRECTIONS, ET AL. DEFENDANTS

ROY PERCY UNITED STATES MAGISTRATE JUDGE.

JUDGMENT

ROY PERCY UNITED STATES MAGISTRATE JUDGE.

In accordance with the memorandum opinion entered this day:

(1) The Bolivar County Correctional Facility is DISMISSED with prejudice from this case because it is not amenable to suit under 42 U.S.C. § 1983;

(2) Nurse Ms. Johnson, Sgt. Mr. Brown, Sgt. Mr. Hicks, and Corrections Officer Mr. Farris are DISMISSED with prejudice from this suit because the plaintiff wishes them to be witnesses, rather than defendants;

(3) The Mississippi Department of Corrections is DISMISSED with prejudice from this suit because it is not a “person” who may be sued under 42 U.S.C. § 1983;

(4) Sheriff Kelvin Williams is DISMISSED from this case because the plaintiff has sued him only in his capacity as a supervisor;

(5) Defendants Warden Ora Starks, Case Worker Mrs. Williams, Captain Otis Hall, and Officer Mr. Butler are DISMISSED from this suit because the plaintiff's allegations against them involve only matters of his custody classification and housing assignment;

(6) The plaintiff's allegations regarding denial of access to prison education classes are DISMISSED because prisoners do not enjoy the right to such classes;

(7) Defendant G.E.D. Teacher Brittney Lathum is DISMISSED because the plaintiff's allegations against her involve only his access to prison education classes (which is not a valid § 1983 claim);

(8) Defendant Chief of Security Gloria Wesley is DISMISSED with prejudice from this case because the plaintiff's three allegations against her (illegal search of his cell, issuing a prison Rule Violation Report, and insulting him) do not state valid claims under § 1983;

(9) The plaintiff's claim that Officer Mr. Simpson ordered another inmate to attack him will PROCEED;

(10) The plaintiff's claim that Nurse Golliday denied him access to adequate medical care and retaliated against him will PROCEED; and

(11) His claim that Corrections Officer Payne blocked his access to medical care will also PROCEED.

(12) The plaintiff's claim against Captain Mr. King for failure to protect him against attack by other inmates will also PROCEED.

SO ORDERED.