Jones v. Hejirika, No. 8:2012cv02058 - Document 5 (D. Md. 2012)
Court Description: MEMORANDUM OPINION. Signed by Judge Peter J. Messitte for Judge Alexander Williams, Jr. on 10/18/2012. (kns, Deputy Clerk)(c/m 10/19/12) Modified text on 10/19/2012 (kns, Deputy Clerk).
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IN THE UNITI~D STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND * LEVONE JONES, # 365534 * Plaintiff SOLOMAN Civil Action No. AW-12-cv-2058 * v. * j-IEJIRIKA, SR. * Defendant *** MEMORANDUM OPINION Pending is a Motion to Proceed in Forma Pauperis and prisoner civil rights complaint by self-represented plaintiff confined at the Metropolitan . Western Correctional filed Levone Jones, presenting claims arising from the time he was Transition Center ("MTC"). Jones, who is currently housed at Institution, alleges that when he was housed at MTC in April 01'2011, there was water on his cell floor for seven days, there were lead-based paint chips behind the sink in his cell, he was exposed to black mold which caused him headaches, the windows were broken, the building was infested with vermin, the electrical wiring was loose, food preparation was unsafe, there were sewage leaks, and he had limited library access. prison authorities I about these conditions, When he complained to he was told the problem was being worked on and I Plaintiff states he filed grievances about these issues under the Administrative Remedy Procedure. ECF No. I at 6. He does not provide any evidence, however, that he has administratively exhausted his claims. The Prison Litigation Reform Act of 1995 ("PLRA") states that "[n]o action shall be brought with respect to prison conditions under [42 U.S.c. ~] 1983 ... or any other Federal law, by a prisoner ... until such administrative remedies as are available are exhausted." 42 U.s.c. ~ 1997e(a); see Woodford v. Ngo, 548 U.S. 81,8485 (2006). "[T]he PLRA's exhaustion requirement applies to all inmate suits about prison life, whether they involve general circumstances or particular episodes, and whether they allege excessive force or some other wrong." Parler v. NlIss!e, 534 U.S. 516, 532 (2002); see Jones v. fJock, 549 U.S. 199,211 (2007). A prisoner must exhaust administrative remedies "regardless of the relief offered through administrative procedures." 1300lh v. Chllrner, 532 U.S. 731,741 (200 I). In Maryland, filing a request for administrative remedy with the warden of the prison is the first of three steps in the ARP process. In order to satisfy the exhaustion requirement, a prisoner must also present his grievance to the Commissioner of Correction and the Executive Director of the Inmate Grievance Office. Should Plaintiff wish to proceed with a conditions claim after completing administrative exhaustion, he should provide the Court with copies MTC was an old building. "negligent." ECF NO.5. "compensation" ECF NO.1. Additionally, he complains the medical care was As redress, Jones asks this Court to order MTC closed and to grant him for his mental and emotional suffering and injunctive relief mandating The Court will grant Plaintiffs f~lcility be closed. the purpose of preliminary review of the Complaint. the Motion to Proceed in Forma Pauperis for The Complaint will be dismissed for reasons to follow. A. Conditions Claim In order to state a constitutional allege that the challenged objectively a sufficiently conditions "sufficiently claim premised on prison conditions, resulted in a deprivation serious" and that, subjectively, of a basic human need that was the defendant prison officials acted with "culpable state of mind" with regard to the conditions. U.S. 294, 298 (1991). See Wilson v. Seiter, 501 To satisfy the objective clement ofa conditions claim, the plaintifTmust show that he has sustained a serious or significant challenged conditions. Discomfort and inconvenience See Strickler Long Term Administrative mental or physical injury as a result of the v. Waters, 989 F.2d 1375, 1380-1381 do not in and of themselves Segregation (4th Cir. 1993). violate the Constitution. of Inmafes Designated as Five Percenters, 471-72 (4th Cir. 1999). "The Corlstitution ... 'does not mandate comfortable those deprivations a plaintiff must violation." 174 F.3d464, prisons,' denying 'the minimal civilized measure of life's necessities,' grave to form the basis of an Eighth Amendment See In Re and only arc sufficiently Wilson v. Seiter, 501 U.S. at 298. of his administrative proceedings. Should Plaintiffwish to proceed with a conditions claim after completing administrative exhaustion, he should provide the Court with copies of his administrative proceedings. 2 In this Complaint, .lanes Cails to allege or provide any Cacts to suggest that Defendant, indifferent to the conditions alleged.2 Warden, was deliberately injunctive relief, i.e. for the closing ofMTC, another prison. See Rendellman the Further, his request for was rendered moot by his transfer from MTC to v. Rouse, 569 F.3d 182, 186 (4th Cir.2009) ("as a general rule, a prisoner's transfer or release from a particular prison moots his claims for injunctive and declaratory relief with respect to his incarceration Jail, 407 F.3d 243, 248-49 there."); Slade v. Hampton Roads Regional (4th Cir. 2005) (holding that former detainee's request for injunctive rclieCwas moot); Williams v. CrWin, 952 F.2d 820, 823 (4th Cir.1991) ("The transfer ... has rendered moot [the pJaintifTs] claims Cor injunctive and declaratory relieC."); see also I)(}\jlell v. 395 U.S. 486, 496 (1969) ("[A] case is moot when the issues presentcd are no McCormack, longer 'Iivc' or the parties lack a legally cognizable B. Medical interest in the outcome."). Claim Jones next complains the medical care at MTC was "negligent." government is "obligat[ed] incarceration." "deliberate (1976). When prison officials show to a prisoner's "serious medical needs," their actions or omissions give rise to an Eighth Amendment violation. Id. at 104. The prison official "must both be aware of facts (l'om which the inference could be drawn that a substantial he must also draw the inference." Farmer v. Brennan, treatment provided must be so grossly incompetent, conscienceor to be intolerable to fundamcntal (4th Cir. 1990). Mere negligence The Complaint provides The to provide medical care for those whom it is punishing by Estelle v. Camble, 429 U.S. 97,102 indifference" ECF NO.5. 511 U.S. 825, 837 (1994). inadequate, The medical or excessive as to shock the fairness. See Millier v. l3eorn, 896 F.2d 848, 851 or malpractice no basis to hold Defendant risk of serious harm exists, and docs not rise to a constitutional liable on the grounds .., .J of supervisory level. Millier, liability . 896 F.2d at 848. Prison officials are entitled to rely upon the professional medical personnel.lvlillier, treatment, deliberately the medical provider's indilTerence by non-medical that the of'licial was personally interfered \vith the treatment, misconduct. For all these reasons, Plaintiff's constitutional of trained 896 F.2d at 854; Shakka v. Smilh, 71 r.3d 162, 167 (4th Cir. 199)). Thus, to establish deliberate plaintilT must demonstrate judgment prison personnel such as Defendant, a involved in the treatment or denial of or tacitly authorized or was indifferent Millier, 896 F.2d at 853. No such allegation to is made here. assertion of negligent medical care fails to constitute a claim. A. Law Library Access To the extent PlaintilT's allegation of limited access to the law library might be construed to allege denial of access to the courts, he has failed to allege any j~lcts that tend to show a specific injury, such as missing a liling deadline. See Lewis v. Casey, 518 U.S. 343,355 (1996). CONCLUSION For these reasons, the Court linds Jones has fniled to state a constitutional matter will be dismissed October without prejudice. A separate Order follows. 18, 2012 Alexan r Williams, Jr. United States District Judge 4 claim. This
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