Gilliland v. Epps et al

Filing 39

ORDER granting 33 Motion for Summary Judgment. A separate judgment will be entered. Signed by Magistrate Judge F. Keith Ball on 4/1/14 (dfk)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
NORTHERN DIVISION
STANLEY R. GILLILAND

PLAINTIFF

VS.

CIVIL ACTION NO. 3:12cv532-FKB

CHRISTOPHER EPPS, et al.

DEFENDANTS

ORDER
Plaintiff, a former state inmate, brought this action pursuant to 42 U.S.C. § 1983
seeking recovery for the confiscation and subsequent loss of a CPAP machine by prison
officials.1 The only remaining defendant is Wexford Health Sources. Presently before the
Court is Defendant’s motion for summary judgment. Plaintiff has not responded to the
motion. The Court concludes, for the reasons stated herein, that the motion should be
granted.
Defendant provides health care services at Central Mississippi Correctional Facility,
the institution in which Plaintiff was housed, under contract with the Mississippi
Department of Corrections (MDOC). The affidavit of Lynda Powell, Defendant’s regional
manager, establishes that Plaintiff’s CPAP unit was never in the care or custody of any
Wexford employee; rather, it was in the sole custody of MDOC. Thus, there is no basis
for holding Wexford liable for the loss of the machine.
Furthermore, Plaintiff has failed to state a claim for relief cognizable under § 1983.
It is well-settled that random and unauthorized deprivations of property by state officials

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The CPAP machine was ultimately located and returned to Plaintiff after his
release; however, by that time he had already been required to purchase a replacement
machine.

do not violate the constitution if adequate post-deprivation remedies exist. Hudson v.
Palmer, 468 U.S. 517 (1984). Mississippi common law provides adequate remedies for
the taking of personal property. Nickens v. Melton, 38 F.3d 183, 185 (5th Cir. 1994).
Therefore, federal relief is not available.
For these reasons, Defendant’s motion is hereby granted. A separate judgment
will be entered.
SO ORDERED this the 1st day of April, 2014.
/s/ F. Keith Ball
______________________________________
UNITED STATES MAGISTRATE JUDGE

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