Huskey v. Fisher et al

Filing 37

ORDER dismissing Food Contamination Claims. Signed by District Judge Sharion Aycock on 4/11/18. (jla)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF MISSISSIPPI
ABERDEEN DIVISION
MATTHEW HUSKEY
v.

PLAINTIFF
No. 1:17CV140-SA-JMV

MARSHALL FISHER, ET AL.

DEFENDANTS

ORDER DISMISSING FOOD CONTAMINATION CLAIMS
This matter comes before the court after additional briefing regarding the plaintiff’s claims
that prison staff have been contaminating his food or permitting other inmates to do so. As the
Magistrate Judge noted in her Report and Recommendation, “[i]t is not clear from Mr. Huskey’s
allegations which defendants he believes contaminated his food.” For that reason, the Magistrate
Judge allowed 28 days for Mr. Huskey to provide the court with the names of the people he believes
are responsible for contaminating his food. In response to the court’s order adopting the Report and
Recommendation, Mr. Huskey conceded, “I’ve seen none of the defendants personally do anything to
my food.” He alleges, instead, that he believes that his food is contaminated and has “notified the
following defendants, Commissioner Fisher, Superintendent Lee, Warden Morris, Captains Munford
and Jones, … Officer Hope … [and] Juan Santos” about the contamination. He states that none of
these defendants has taken action to prevent further contamination of his food.
He also states that he has been examined through x-rays and blood tests, and prison medical
staff determined that he had a “bug,” a bacterial infection which medical staff treated with antibiotics.
He also states that when he tells medical staff about his concerns regarding food contamination, they
regularly refer him for psychological evaluation.
As the court held in adopting the Magistrate Judge’s Report and Recommendation, “The
likelihood of these problems [food contamination] following him from facility to facility is

vanishingly small.” The court still holds this opinion. As the plaintiff alleged has alleged no facts to
aid the court in identifying defendants who might have contaminated his food – or permitted others to
do so – Mr. Huskey’s claims regarding food contamination are DISMISSED.
SO ORDERED, this, the 11th day of April, 2018.
/s/ Sharion Aycock______
U.S. DISTRICT JUDGE