Hicks v. Corrections Corp of America et al

Filing 159

JUDGMENT ADOPTING 151 Report and Recommendations and 119 Report and Recommendations in re: 76 Motion for Summary Judgment and 40 Motion for Summary Judgment. ORDERED defendants' motion is GRANTED; Hicks' motion is DENIED. Hicks' ; action against Winn Correctional Center, Sara McCoy, Mona Heyse, Connie Green, and Myrle Hardwell is DISMISSED WITH PREJUDICE for failure to state a claim cognizable under Section 1983 against those defendants. ORDERED defendants' motion is G RANTED as to all defendants on the issue of retaliation/failure to protect due to Hicks' failure to exhaust his administrative remedied, Hicks' motion is DENIED on that issue and Hicks' claims for retaliation/failure to protect are DIS MISSED WITH PREJUDICE ORDERED Hick's motion is GRANTED against Wilkinson on his Eighth Amendment claim for denial of medical care/involuntary exposure to second hand smoke and Wilkinson's motion is DENIED on that claim. On the issue of the amount of damages to which Hicks is entitled remains to be determined. ORDERED that both Hicks' and defendants' motions are DENIED as to Hicks' Eighth Amendment claim against CCA, Pat Thomas, Dr Pacheco, Lucas, Glover, Wiley, Martin and Morgan. ORDERED this case is REMANDED to the undersigned magistrate judge for further proceedings as to the Eighth Amendment claims by Hicks. Signed by Judge Dee D Drell on 09/11/2009. (crt,Leleux, M) Modified on 9/11/2009 (Leleux, M).

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF LOUISIANA ALEXANDRIA DIVISION

JAMES HOUSTON HICKS,

Plaintiff VERSUS CORRECTIONS CORPORATION OF AMERICA, et al., Defendants

CIVIL ACTION SECTION "P" NO. CVOO-0687-A

JUDGE DEE D. DRELL MAGISTRATE JUDGE JAMES ID. KIRK

JUDGMENT

For the

reasons contained in the original and supplemental

Report and Recommendation of the Magistrate Judge previously filed herein, and after independent filed (de novo) herein, review of the record

including the objections

and having

independently

determined that the findings and recommendation are correct under the applicable law; IT IS ORDERED that defendants' motion for summary judgment is GRANTED, Hicks' motion for summary judgment is DENIED, Sara McCoy, and Hicks' Mona Heyse, for

action against Winn Correctional Center, Connie Green, failure to

and Myrle Hardwell is DISMISSED WITH PREJUDICE a claim cognizable under Section 1983

state

against

those defendants. IT judgment IS is FURTHER ORDERED as to that defendants' all defendants motion on for summary issue of

GRANTED

the

retaliation/failure to protect due to Hicks' failure to exhaust his administrative remedies, Hicks' motion for summary judgment is

DENIED on that issue, and Hicks' claims for retaliation/failure to protect are DISMISSED WITH PREJUDICE.

IT IS ALSO ORDERED that Hicks' motion for summary judgment is GRANTED against Wilkinson on Hicks' Eighth Amendment claim for

denial of medical care/involuntary exposure to second hand smoke, and Wilkinson's motion for summary judgment is DENIED on that

claim.

Only the issue of the amount of damages to which Hicks is

entitled remains to be determined. IT IS FURTHER ORDERED that both Hicks' and defendants' motions for summary judgment are DENIED as to Hicks' Eighth Amendment claim against CCA, Pat Thomas, Dr. Pacheco, Lucas, Glover, Wiley, Martin, and Morgan. IT IS ORDERED that the case is REMANDED to the undersigned Magistrate Judge for further proceedings as to the Eighth Amendment claims against CCA, Pat Thomas, Dr. Pacheco, Lucas, Clover, Wiley, Martin and Morgan. A determination of the amount of damages that Hicks is entitled to from Wilkinson on the Eighth Amendment claims will be made after further proceedings on the remaining issues. Further, regarding the undersigned's review of the objections to the Supplemental Report and Recommendation, have had more we note Defendants

than ample opportunity to present

evidence on their motions.

their case and Their eleventh hour attempts to `1f ix"

the evidence now ohang~ nothing, and we agree wholeheartedly with the Magistrate Judge's observations in footnote one of the

Supplemental Report and Recommendation. THUS ORDERED AND SIGNED in ~mbers Louisiana, on this
_____

at

_________________

day of

C!

44J7C_~

2009.

ciTI~~~ DEE D. DRELL UNITED STATES DISTRICT JUDGE