Williams v. Taylor
Filing
10
MEMORANDUM OPINION AND ORDER dismissing with prejudice 1 Complaint. Email sent to Manager of Three Strikes List. (Signed by Judge Sim Lake) Parties notified. (aboyd, 4)
United States District Court
Southern District of Texas
ENTERED
February 23, 2018
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION
BOBBY RAY WILLIAMS,
TDCJ #1802766,
Plaintiff,
v.
SHIRLEY F. TAYLOR,
Defendant.
§
§
§
§
§
§
§
§
§
§
David J. Bradley, Clerk
CIVIL ACTION NO. H-17-3517
MEMORANDUM OPINION AND ORDER
The plaintiff, Bobby Ray Williams (TDCJ #1802766), has filed
a
Prisoner's
("Complaint")
his
Civil
Rights
Complaint
under
42
U.S.C.
§
1983
(Docket Entry No. 1), concerning the conditions of
confinement
in the Texas Department of
Correctional Institutions Division ("TDCJ").
Criminal Justice
-
Because Williams is
a prisoner who proceeds in forma pauperis, the court is required to
scrutinize the claims and dismiss the Complaint,
in whole or in
part, if it determines that the Complaint "is frivolous, malicious,
or fails to state a claim upon which relief may be granted" or
"seeks monetary relief from a defendant who is immune from such
relief."
28 U.S.C.
§§
1915(e) (2) (B), 1915A(b).
After considering
all of the pleadings, the court concludes that the Complaint should
be dismissed for the reasons explained below.
I.
Background
Williams is currently incarcerated at the Jester III Unit in
Richmond. 1
He sues Shirley F. Taylor, who is employed by TDCJ as
a correctional officer at the Jester III facility.
2
Williams claims that on two successive days in February of
2017 Officer Taylor stopped him in the hall,
searched him for
contraband, and patted him on his "backside" while doing so. 3
also looked down his clothing. 4
reportedly laughed. 5
accusing
her
of
When Williams objected,
She
Taylor
Williams filed a grievance against Taylor,
touching
him
inappropriately
harassment and for making fun of him. 6
for
purposes
of
An investigation determined
that there was no evidence to support his allegations,
and his
grievances were denied. 7
In
his
pending
Complaint
Williams
contends
that
Taylor
violated the Eighth Amendment by patting him down in a humiliating
1
Complaint, Docket Entry No. 1, p. 2.
2
Id. at 2.
4
Id.
5
Id. at 5.
6
See Step One and Step Two Grievances
Entry No. 1, pp. 9-12.
7
(#2017100776), Docket
See id. at 10, 12; see also Offender Notification Brochure,
Docket Entry No. 1, p. 7.
-2-
manner. 8
He seeks monetary damages under 42 U.S.C.
1983 for the
§
violation of his constitutional rights. 9
II.
Discussion
Williams alleges that he suffered mental anguish as a result
of
being
officer.
searched
on
two
occasions
by
a
female
correctional
It appears from the pleadings and attached grievances
that the intrusion on Williams' person was minimal and that the
only harm he suffered was embarrassment.
Under these circumstances
his Eighth Amendment claims fail as a matter of law because the
Prison Litigation Reform Act, codified at 42 U.S.C.
bars
recovery of monetary damages
§
1997e(e) , 10
for mental anguish absent a
showing that the plaintiff suffered a physical injury while in
custody.
See Geiger v. Jowers, 404 F.3d 371, 374 (5th Cir. 2005)
(holding that allegations of "mental anguish, emotional distress,
psychological
harm,
and
insomnia"
are
barred
by
§
1997e (e)) .
Absent an allegation that Williams suffered a physical injury in
connection
with
the
complained
of
incident,
his
claim
for
compensatory damages lacks an arguable basis in law and must be
dismissed.
8
See 28
u.s.c.
§
1915 (e) (2) (B); Geiger, 404 F.3d at 374.
Complaint, Docket Entry No. 1, p. 5.
10
42 U.S.C. § 1997e(e) states as follows:
"No federal civil
action may be brought by a prisoner confined to a jail, prison, or
other correctional facility, for mental or emotional injury
suffered while in custody without a prior showing of physical
injury."
-3-
III.
Conclusion and Order
Based on the foregoing,
the court ORDERS that the Complaint
filed by Bobby Ray Williams (Docket Entry No. 1) is DISMISSED with
prejudice as legally frivolous.
The Clerk is directed to provide a copy of this Memorandum
Opinion and Order to the plaintiff.
copy
(1)
by
regular
mail,
facsimile
The Clerk will also provide a
transmission,
the TDCJ - Office of the General Counsel,
or
P.O.
e-mail
to:
Box 13084,
Austin, Texas 78711, Fax Number 512-936-2159; and (2) the Manager
of the Three-Strikes List for the Southern District of Texas.
SIGNED at Houston, Texas, on this 23rd day of February, 2018.
UNITED
-4-
DISTRICT JUDGE
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?