Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Williams v. Wriggelsworth

United States District Court, W.D. Michigan, Southern Division

April 3, 2018

KELLY DUANE WILLIAMS, et al., Plaintiffs,
v.
SCOTT WRIGGELSWORTH, et al., Defendants.

          OPINION

          JANET T. NEFF, UNITED STATES DISTRICT JUDGE

         This is a civil rights action brought by three Ingham County Jail (ICJ) inmates under 42 U.S.C. § 1983. Under the Prison Litigation Reform Act, Pub. L. No. 104-134, 110 Stat. 1321 (1996) (PLRA), the Court is required to dismiss any prisoner action brought under federal law if the complaint is frivolous, malicious, fails to state a claim upon which relief can be granted, or seeks monetary relief from a defendant immune from such relief. 28 U.S.C. §§ 1915(e)(2), 1915A; 42 U.S.C. § 1997e(c). The Court must read Plaintiffs' pro se complaint indulgently, see Haines v. Kerner, 404 U.S. 519, 520 (1972), and accept Plaintiffs' allegations as true, unless they are clearly irrational or wholly incredible. Denton v. Hernandez, 504 U.S. 25, 33 (1992). Applying these standards, the Court will dismiss Plaintiffs' claims concerning double-bunking, toilets, and showers for failure to state a claim against Defendants. The Court will serve the remainder of the complaint against Defendants.

         Discussion

         I. Factual allegations

         Plaintiffs presently are inmates at the Ingham County Jail. Plaintiffs sue Ingham County Sheriff Scott Wriggelsworth and Ingham County.

         Plaintiffs make a series of allegations concerning the conditions of their confinement:

1. Two persons are housed in cells intended for one person. (Am. Compl. ¶ 1.)
2. Inmates are locked in their cells for eighteen hours a day and are permitted out for only two 3-hour periods in a small television room. They are not permitted to go to the gym or outside for exercise. They are not permitted to exercise in the television room. It is not possible to exercise in the cells. ( Id. . ¶ 2.)
3. Plaintiffs are housed with convicted felons who are “stabbing us pretrial detainees, threatening us, raping us, taking, stealing and forcefully taking our anal virginity, our food, and commissary food items, cosmetics, and anything else we have that they want.” (Id. ¶ 3.)
4. Black mold is in several jail posts that have been closed. The black mold has become airborne, travels through the ventilation system, and jeopardizes the health and safety of the Plaintiffs. (Id. ¶ 4.)
5. The water is unsafe to drink. (Id. ¶ 5.).
6. The toilets are timed to flush twice an hour. After the two flushes, inmates are forced to defecate or urinate in a dirty toilet which is unsanitary and odorous. (Id. ¶ 6.)
7. The shower only stays on for three minutes. (Id. ¶ 7.)

         Plaintiffs also raise claims that implicate First Amendment protections:

8. The computer that functions as the jail law library has been eliminated, and detainees have been without a law library since March 2017. (Id. ¶ 8.)
9. The only non-legal mail items Plaintiffs are permitted to receive are postcards. (Id. ¶ 9.)
10. Plaintiffs are not permitted to possess legal materials, including photographs obtained in discovery in pending civil and criminal actions. (Id. ¶ 9.)

         Plaintiffs seek compensatory and punitive damages in the amount of $250, ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.