Jerry Neil Alfred v. Randy Bryant

378 F. App'x 977
CourtCourt of Appeals for the Eleventh Circuit
DecidedMay 12, 2010
Docket09-12342
StatusUnpublished
Cited by36 cases

This text of 378 F. App'x 977 (Jerry Neil Alfred v. Randy Bryant) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eleventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Jerry Neil Alfred v. Randy Bryant, 378 F. App'x 977 (11th Cir. 2010).

Opinion

PER CURIAM:

Jerry Neil Alfred (“Alfred”), a Florida prisoner proceeding pro se, appeals the district court’s dismissal of his 42 U.S.C. § 1983 complaint alleging Eighth Amendment violations based on his living in a prison cell for eighteen days without a mattress and a properly functioning toilet. The Appellees are: (1) Randy Bryant, Warden of the Florida State Prison (“FSP”); (2) Donnie Jackson, FSP Assistant Warden; (3) R.C. Johns, FSP Correctional Officer (“Officer Johns”); (4) D.H. Johnson, FSP Nurse (“Nurse Johnson”); (5) S. Tucker, FSP Correctional Officer (“Officer Tucker”); (6) John Doe I, FSP Sergeant (substituted for K. Baird); and (7) John Doe II, FSP Correctional Officer (substituted for C. Buchanon). The district court dismissed the complaint, as frivolous under 28 U.S.C. § 1915(e)(2)(B). After careful consideration of the record, we AFFIRM.

I. BACKGROUND

Alfred alleged the following facts in his § 1983 complaint to support his Eighth Amendment claim of cruel and unusual punishment. On 17 August 2007, Alfred was transferred from administrative confinement to disciplinary confinement at FSP. The cell lacked a mattress but Officer Johns assured Alfred that a mattress would arrive later that day, which it did. *978 Alfred noticed the mattress lacked a fire retardant cover, however, and was stained with chemicals on both sides. Alfred notified Officer Tucker of the problem, and Officer Tucker instructed him to place the mattress outside his cell for a replacement. Later that evening, Alfred discovered his cell’s toilet did not completely flush its contents due to insufficient water pressure. Alfred informed Officer Tucker that he needed a cell reassignment due to the lack of a mattress and a malfunctioning toilet. Officer Tucker advised him that another mattress was not available that night, so the morning shift would have to address any problems.

Alfred noted the deficiencies on his cell inspection sheet the next day. He also informed Officer John Doe II, who indicated that he would notify the housing supervisor.

On 19 August 2007, Alfred forwarded an informal grievance complaint to Assistant Warden Donnie Jackson, apprising him of the situation. Alfred did not receive a response until September 18, 2007, after Alfred had already been reassigned to another cell.

On 21 August 2007, Alfred filed the first of three sick-call requests, stating that he felt numb, sore, stiff, and tight from sleeping on a bare steel bed. He also complained of severe headaches and constipation. Nurse Johnson examined him and provided him with pain medications and laxatives.

On 27 August 2007, the toilet overflowed for the sixth or seventh time. As before, Alfred cleaned the mess using his bare hands, a towel, and some soap. Sergeant John Doe I again told Alfred that the maintenance department would repair the toilet, although Alfred notes that a work order had already been filed prior to Alfred’s placement there.

On 30 August 2007, Alfred by-passed the initial phase of the inmate grievance procedure by filing a formal grievance with Warden Randy Bryant. Two weeks later, and nine days after Alfred had been transferred to a new cell, the Warden notified Alfred that the prison had no record of a grievance about the matter and instructed him to submit an informal grievance.

Alfred stayed in the cell without a mattress and a properly functioning toilet for eighteen days. He was transferred to a new cell on 4 September 2007. He alleged in his complaint that the lack of a mattress deprived him of quality sleep and resulted in his fatigue, general stiffness and soreness, and lower back pain. Additionally, he stated he suffered from severe headaches, nausea, and constipation due to the malfunctioning toilet. His lower back pain was exacerbated when he slipped in a puddle on his cell floor and fell backwards against his bed. Besides these physical injuries, Alfred asserted that his fellow inmates and the prison staff caused him “grief, distress, anxiety, and even fright” by constantly ridiculing him about the stench from his toilet. Rl-1 at 9(j). Alfred sought compensatory and punitive damages totaling more than $1 million for his mental and physical pain and suffering.

The district court dismissed the complaint as frivolous under 28 U.S.C. § 1915(e)(2)(B) because it appeared that Alfred had “little or no chance of success” on his Eighth Amendment claim of cruel and unusual punishment. Rl-26 at 8. While the court agreed that “the situation should have been remedied sooner,” the court found that his “temporary, unsanitary and uncomfortable conditions” did not rise to the level of an Eighth Amendment violation. Id. at 5-6. Moreover, the court found that the Appellees’ conduct amounted, at most, to negligence as it did not appear that they intended to inflict any pain. Finally, the court noted that Alfred had suffered no physical injury.

*979 On appeal, Alfred contends that his claim was not frivolous because he was unconstitutionally exposed to a serious risk of harm from his unsanitary living conditions. He asserts that he suffered both mental and physical injuries, as described in his complaint. With respect to the Ap-pellees’ intent, Alfred submits that the Ap-pellees’ knowledge of his situation and their failure to remedy it constituted deliberate indifference.

II. DISCUSSION

We review for an abuse of discretion the district court’s dismissal of Alfred’s complaint under 28 U.S.C. § 1915(e)(2)(B)(i). Miller v. Donald, 541 F.3d 1091, 1100 (11th Cir.2008). Pursuant to the Prison Litigation Reform Act, a district court must dismiss a claim, at any time, if the court determines the claim is frivolous. See 28 U.S.C. § 1915(e)(2)(B)(i) (2009). “A claim is frivolous if it is without arguable merit either in law or fact.” Bilal v. Driver, 251 F.3d 1346, 1349 (11th Cir.2001); see also Carroll v. Gross, 984 F.2d 392, 393 (11th Cir.1993) (per curiam) (dismissal for frivolousness authorized when it appears the plaintiff stands “ ‘little or no chance of success’ ”). While we construe pro se pleadings liberally, we need not accept as true “wildly implausible allegations in the complaint.” Miller, 541 F.3d at 1100.

To prevail on a § 1983 claim, a plaintiff must prove that a person acting under color of state law deprived him of a right secured by the Constitution. See Collins v. City of Harker Heights, Tex.,

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378 F. App'x 977, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jerry-neil-alfred-v-randy-bryant-ca11-2010.