Wood v. DeSoto County Sheriff's Department et al

Filing 30

ORDER ADOPTING REPORT AND RECOMMENDATIONS, JUDGMENT. Signed by District Judge Michael P. Mills on 8/30/2016. (lpm)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF MISSISSIPPI
OXFORD DIVISION
DANIEL WOOD

PLAINTIFF

v.

No. 3:16CV42-MPM-SAA

DESOTO COUNTY SHERIFF’S
DEPARTMENT, ET AL.

DEFENDANTS

JUDGMENT
Having considered the file and records in this action, including the Report and
Recommendation of the United States Magistrate Judge and the objections to the Report and
Recommendation, the court finds that the plaintiff’s objections are without merit and that the
Magistrate Judge’s Report and Recommendation should be approved and adopted as the opinion
of the court.
All of the plaintiff’s objections except paragraph 23 simply reiterate the plaintiff’s
discussion or involve facts that can be fleshed out through the summary judgment process or
during trial. The Magistrate Judge’s Report and Recommendation and this order decide only
which claims may proceed on the pleadings. As such, those objections are overruled. In
paragraph 23, Mr. Wood argues that Sheriff Bill Rasco should remain in the suit because he
permitted “unwritten policies” “encouraging staff to deny medication in order to defeat attempts at
litigation.” Mr. Wood has not, however, alleged any facts to support the existence of such a
policy; instead, he has alleged that the defendants singled him out to deprive him of his medication
by failing to open his cell door during “med call,” while permitting all other inmates to receive
their medication. The claim for failing to provide Wood, personally, with his medications will go
forward, but Wood has simply failed to allege facts to support his claim that a policy or practice of
the jail that inmates are not to receive medical care. Thus, the plaintiff’s objection in paragraph
23 is likewise overruled.

It is ordered:
1.

That all of the plaintiff’s objections to the Magistrate Judge’s Report and

Recommendation are OVERRULED;
2.

That the Report and Recommendation of the United States Magistrate Judge is

hereby APPROVED AND ADOPTED as the opinion of the court; and
3.

That Defendants Sheriff Bill Rasco, Sergeant Mauser, Sergeant Billingsley,

Sergeant Washington, Nurse Terry Caldwell, and DeSoto County are DISMISSED with prejudice
from this case for failure to state a claim upon which relief could be granted;
4.

That Mr. Wood’s claims regarding unconstitutionally harsh general conditions of

confinement are DISMISSED, except for his claims that his toilet leaked and that his cell stayed
extremely cold;
5.

That Mr. Wood’s claim of retaliation is DISMISSED for failure to state a claim

upon which relief could be granted;
6.

That the plaintiff’s claim for denial of adequate medical care is DISMISSED,

except for his claims that he initially received no treatment for his depression, anxiety, and suicidal
state, that he received no psychological medication while on suicide watch for 29 days, and that,
later on, various tower officers would not open his cell door so that he could receive his
psychological medication during med call;
7.

That defendants Chad Wicker, Dr. Thompson, and Nurse April Box will remain as

defendants in this case; and
8.

That Mr. Wood will be permitted to amend his complaint to include the identities of

other defendants (John and Jane Does) who allegedly took part in the events giving rise to the
claims remaining in this case as that information come to light during discovery.

SO ORDERED, this, the 30th day of August, 2016.

/s/ MICHAEL P. MILLS
UNITED STATES DISTRICT JUDGE
NORTHERN DISTRICT OF MISSISSIPPI