Thomas v. Billups et al (INMATE 2)

Filing 17

OPINION. Signed by Honorable Judge Myron H. Thompson on 1/5/17. (djy, )

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION
DANIEL K. THOMAS,

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Plaintiff,
v.
WARDEN P. BILLUPS and
COMMISSIONER JEFFERSON
DUNN,
Defendants.

CIVIL ACTION NO.
2:15cv375-MHT
(WO)

OPINION
Pursuant to 42 U.S.C. § 1983, plaintiff, a state
prisoner,

filed

this

lawsuit

while

housed

at

Kilby

Correctional Facility against the warden and the prison
commissioner

challenging

the

denial

of

canteen,

visitation, and telephone privileges attendant to his
placement in disciplinary segregation; the denial of a
reduction

of

time

in

segregation

for

good

behavior

while in segregation; and the policy requiring him, due
to

his

disciplinary-segregation

status,

to

exercise

with his arms handcuffed behind his back and his legs
shackled

together,

which

he

contends

is

a

safety

hazard.

In his response to the defendants’ special

report, plaintiff moved to drop all claims except the
one about being required to exercise while handcuffed
and shackled.

See Response (doc. no. 13) at 4.

This

lawsuit is now before the court on the recommendation
of the United States Magistrate Judge that plaintiff’s
case

be

dismissed

plaintiff’s
Facility.
the

transfer

to

mootness,

to

Limestone

in

light

of

Correctional

After an independent and de novo review of

record,

judge’s

due

the

court

recommendation

concludes
should

that

be

the

magistrate

adopted

in

part.

While plaintiff's claims specifically related to his
time at Kilby and against the warden at Kilby are moot
and while plaintiff does not object to the magistrate
judge’s recommendation, the court will not dismiss this
case in its entirety at this time for this reason: In
his

response

to

the

defendants’

special

report,

plaintiff included a "notification" that he had been
transferred to Limestone Correctional Facility, and he
makes the same or a similar claim about that facility

as he made about Kilby--that he is being endangered by
being

required

to

exercise

while

handcuffed

shackled in a room with a concrete floor.
(doc. no. 13) at 5.
plaintiff
whether

an

he

See Response

Accordingly, the court will allow

opportunity
wishes

and

to

to

inform

the

pursue

his

court

claim

as

to

related

to

exercise at Limestone, and if so, will give him the
opportunity

to

add

a

new

defendant

related

to

the

Limestone facility, should he wish to so.
An appropriate judgment will be entered.
DONE, this the 5th day of January, 2017.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE