Lewis v. Winfree et al

Filing 40

MEMORANDUM OPINION. SEE OPINION for complete details. Signed by District Judge Henry E. Hudson on 11/8/2018. Copy mailed to Plaintiff.(ccol, )

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA L 1 Richmond Division NOV - 8 2G18 WAYNE LEWIS, CLERK, U.S. RICHMOND. VA Plaintiff, Civil Action No. 3:17CV69-HEH J.D. WINFREE,et al. Defendants. MEMORANDUM OPINION (Granting Motion for Summary Judgment) Wayne Lewis, a federal inmate proceeding pro se and informa pauperis, filed this 42 U.S.C. ยง 1983 action. Lewis's claims flow from a conviction for an institutional infraction when he was incarcerated in the Pamunkey Regional Jail. Lewis names the following individuals as the defendants: Sergeant J.D. Winfree; Captain S.L. Cook; and Superintendent James C. Willett("Defendants"). Lewis demands relief upon the following grounds: Claim 1 Defendant Winfree placed Lewis in a strip cell on October 26, 2015 for allegedly breaking a sprinkler in his cell. (ECF No. 2, at 3.) In the strip cell, Lewis was left "'naked', without a bed mattress, and no adequate drinking water, including [Lewis] not [being] able to shower for approximately 8-days." {Id. (citation omitted).)' Such actions violated Lewis's rights under(a)the Eighth Amendment,{id.), and (b)the Due Process Clause,{id. at 4). Claim 2 Defendant Cook discriminated under the Equal Protection Clause against Lewis when Cook gave Lewis a 60-day sanction for breaking the sprinkler, but ultimately reduced Lewis's white cellmate's sanction to merely twenty days. (ECF No. fat 4.) 'The Court corrects the capitalization, spelling, spacing, and punctuation in the quotations from the parties' submissions. COURl

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