United States District Court, W.D. Arkansas, Texarkana Division
TYRONE D. GILES PLAINTIFF
OFFICER SHOUMAKER, Miller County Detention Center MCDC; OFFICER EDWARDS, MCDC; SERGEANT C. WADDELL, Maintenance, MCDC; and CORPORAL HANNING, Administration, MCDC DEFENDANTS
MEMORANDUM OPINION AND ORDER
O. HICKEY UNITED STATES DISTRICT JUDGE
a civil rights action filed pro se by Plaintiff
Tyrone D. Giles under 42 U.S.C. § 1983. Before the Court
is a Motion for Summary Judgment filed by Defendants Officer
Shoumaker, Officer Edwards, Sergeant Waddell, and Corporal
Hanning. (ECF No. 39). Plaintiff has a filed a Response. (ECF
No. 43). The Court finds this matter ripe for consideration.
claims in this action arise from alleged incidents that
occurred in 2017 while he was incarcerated in the Miller
County Detention Center (“MCDC”) in Texarkana,
Arkansas. Viewed in the light most favorable to
Plaintiff, the relevant facts are as follows.
was booked into the MCDC on June 12, 2017. (ECF No. 41-2). On
July 24, 2017, Plaintiff was found guilty of a D9
infraction-possession of an item not authorized for
retention- and he was placed in Max-D Cell 903. (ECF No.
41-5, pp. 1-3). On August 18, 2017, Plaintiff submitted an
Inmate Maintenance Request, stating “[t]he water in
Max-D 903 does not work and only one side works but even that
doesn't come out properly. We cannot drink water at
night[.]” (ECF No. 41-3). Defendant Hanning responded
three days later, stating that he would “look at it
September 20, 2017, Plaintiff submitted three Inmate
Maintenance Requests. In the first two requests, Plaintiff
states, “[I'm] trying to see if someone can come
and fix my water. Its been down for a while and the officers
don't like to let me get water when its not
working.” (ECF No. 41-3, pp. 3-4). In his third
request, Plaintiff states in relevant part:
I have been locked down for 7 days for something one inmate
did. All my rights and privileges have been taken from me. My
visit, [commissary], and water. My water [does] not work
properly and when I ask to get water I get a no from staff.
This is [unconstitutional] and against the law[.]
(ECF No. 41-3, p. 5). Plaintiff asserts that when he asked
for water, Defendants Shoumaker and Edwards:
would tell me to ‘Shut the Hell up about water' or
they would lock me up in the ‘Hole'. They would say
they don't care if I was dehydrating I shouldn't have
gotten locked up out of fear of being locked up I would have
to remain quiet and go without water[.]
(ECF No. 1, p. 6). On September 25, 2017, Defendant Hanning
repaired the water problems in Plaintiff's cell. (ECF No.
43, p. 1).
filed his Complaint on October 23, 2017, against Defendants
Shoumaker, Edwards, Waddell, and Hanning. Plaintif claims he
was subjected to unlawful conditions of confinement when he
was “put in a room with no running water.”
Plaintiff asserts that he:
informed every officer about my problem and wrote the proper
paper work to [people] but It didn't get handled. I was
on a 23 and 1 hour lockdown for almost 2 [weeks] and was
refused my breaks to get water. Being dehydrated led me to
not be able to sleep and to lash out and get in trouble . . .
These officers also informed me they didn't care that I
didn't have water. I was laughed at and disrespected when
I said anything about my problem . . . my rights to running
water [were taken], my right to hydrate myself in a timely
(ECF No. 1, p. 4). Plaintiff sues Defendants in both their
individual and official capacities and seeks compensatory and
punitive damages. He also asks for the “firing or
suspension of the officers who didn't perform their jobs
properly”. Id. at p. 7.
11, 2018, Defendants Shoumaker, Edwards, Waddell, and Hanning
filed the instant motion. Defendants argue they are entitled
to summary judgment because: (1) Plaintiff was not subjected
to unconstitutional conditions of confinement; (2) verbal
harassment or comments do not rise to a constitutional
injury; (3) Defendants are entitled to ...