Butler v. Lovewhich et al

Filing 53

ORDER granting 45 Motion to Dismiss. The claims against Defendant Warren Lovertich are dismissed. Signed by Magistrate Judge F. Keith Ball on 8/29/18. (No further written order will be issued.) (Copy mailed to Plaintiff.) (dfk)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
NORTHERN DIVISION
JERMAINE TERRELL BUTLER

PLAINTIFF

VS.

CIVIL ACTION NO. 3:17cv365-FKB

DEPUTY SHERIFF TONY
ALEXANDER, et al.

DEFENDANTS

ORDER
Jermaine Terrell Butler is a pretrial detainee at the Holmes-Humphreys County
Regional Correctional Facility. His claims, brought pursuant to 42 U.S.C. § 1983, arise
out of his time as a detainee at the Hinds County Detention Center (HCDC) in late 2016
and early 2017. Defendant Warren Lovertich has filed a motion for summary judgment,
alleging that Plaintiff failed to exhaust his available administrative remedies as to the
claims against him prior to filing suit. Plaintiff has not responded to the motion.
Plaintiff’s claim against Deputy Warren Lovertich for sexual assault and
harassment allegedly occurred in the fall of 2016. In support of his motion, Deputy
Lovertich has submitted the affidavit of Keneshia Jones, the grievance officer at HCDC,
along with a copy of Plaintiff’s jail history report and copies of grievance forms and
inmate request forms submitted by Plaintiff. [43-1]. As Ms. Jones points out in her
affidavit, none of these grievances or request forms concerned the alleged incident
involving Deputy Lovertich. Ms. Jones also states that the attached grievances
constitute the only grievances submitted by Plaintiff during his incarceration at HCDC.
The applicable section of the Prison Litigation Reform Act (PLRA), 42 U.S.C. '
1997(e), requires that an inmate bringing a civil rights action in federal court must first

exhaust his administrative remedies. Whitley v. Hunt, 158 F.3d 882 (5th Cir. 1998). This
exhaustion requirement Aapplies to all inmate suits about prison life.@ Porter v. Nussle,
534 U.S. 516, 122 S. Ct. 983, 992 (2002). The requirement that claims be exhausted
prior to the filing of a lawsuit is mandatory and non-discretionary. Gonzalez v. Seal, 702
F.3d 785 (5th Cir. 2012). The undisputed evidence establishes that Plaintiff failed to
exhaust his claims against Deputy Lovertich. For this reason, the motion to dismiss is
hereby granted, and the claims against Deputy Lovertich are dismissed..
So ordered, this the 29th day of August, 2018.
s/ F. Keith Ball
United States Magistrate Judge

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