Williams v. Horton et al

Filing 38

OMNIBUS ORDER. Tyrone Hersey (Case Manager), A. Wedgeworth, Randy C. Williams, Fedrick Young (a/k/a Frederick Young), G.E.O. Group, Inc. and Krusheta Hadley (Classification Supervisor) terminated. Discovery to be completed due by 12/24/2013, motions due by 1/24/2014. Bench Trial set for 4/23/2014 09:00 AM in Courtroom 5D (Jackson) Ball before Magistrate Judge F. Keith Ball. Signed by Magistrate Judge F. Keith Ball on 10/15/13. (dfk)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
EASTERN DIVISION
RANDY C. WILLIAMS

PLAINTIFF

VS.

CIVIL ACTION NO. 4:13cv10-FKB

WARDEN VINCE HORTON, et al.

DEFENDANTS

OMNIBUS ORDER
Plaintiff, a state prisoner, brought this action pursuant to 42 U.S.C. § 1983 alleging
that prison officials failed to adequately protect him from an assault by other inmates. The
Court held a Spears1 hearing on September 25, 2013, and the parties have consented to
jurisdiction by the undersigned. Having considered Plaintiff’s testimony at the hearing,
and having conferred with the parties, the Court finds and order as follows.
During the relevant time period, Plaintiff was housed at East Mississippi
Correctional Facility (EMCF). Plaintiff alleges that when he arrived at EMCF, he informed
Warden Vince Horton and Warden B. Grimes that there was a “hit” out on his life and that
he needed to be moved to a facility that could provide protective custody. Plaintiff was not
moved, and subsequently he was stabbed by inmates on two occasions - first in
December of 2011, and again in February of 2012. Two days after the February
stabbing, he was placed in administrative segregation, where he remained until he was
transferred out of EMCF in September of 2012. Plaintiff suffered no injuries at the hands
of other inmates after the February stabbing.
In order to succeed on a failure-to-protect claim, an inmate must establish that

1

See Spears v. McCotter, 766 F.2d 179 (5th Cir. 1985).

prison officials were deliberately indifferent to a substantial risk of serious harm. Johnson
v. Johnson, 385 F.3d 503 (5th Cir. 2004) (citing Farmer v. Brennan, 511 U.S. 825, 834
(1994)). The only persons identified by Plaintiff whom he informed of any danger prior to
being attacked were Defendants Horton and Grimes. Plaintiffs’ complaints regarding the
remaining defendants are that they failed to provide him adequate protection after the
attacks. Whatever these other defendants may have failed to do, Plaintiff suffered no
serious harm as a result of their inaction. For this reason, all defendants other than
Horton and Grimes are hereby dismissed.
This cause is set for a bench trial before the undersigned on April 23, 2014, at 9:00
a.m.
Upon motion of Plaintiff, the Court will secure the presence at trial of up to two
incarcerated witnesses if the Court concludes that their testimony is relevant. Plaintiff
shall include in his motion the prisoner identification number and correctional facility in
which the witness is housed and shall state in detail the nature of the proposed testimony
and how it is relevant to the factual issues of Plaintiff’s claim. Such motions shall be filed
no later than thirty days prior to trial.
Should any of Plaintiff’s witnesses be or become “free world,” Plaintiff shall be
responsible for securing their voluntary presence at the trial. Should a “free world”
witness refuse to appear voluntarily, Plaintiff shall adhere to the following procedure to
secure the witness’s presence. No later than thirty days prior to trial, Plaintiff shall file a
motion requesting a subpoena to be issued for the witness. The request shall include the
name and address of the witness, and shall be accompanied by the witness fee and
expense payment required by Rule 45 of the Federal Rules of Civil Procedure.

Discovery shall be limited to 10 interrogatories, 10 requests for admission, and 10
requests for production. All discovery shall be completed by December 24, 2013.
Any dispositive motions shall be filed by January 24, 2014.
SO ORDERED this the 15th day of October, 2013.
/s/ F. Keith Ball
______________________________________
UNITED STATES MAGISTRATE JUDGE