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Moody v. Shoultes

United States District Court, M.D. Georgia, Macon Division

January 11, 2018

JEREMY MOODY, Plaintiff,
v.
SAMANTHA SHOULTES, Defendant.

         Proceedings Under 42 U.S.C. §1983 Before the U.S. Magistrate Judge

          ORDER AND RECOMMENDATION

          Charles H. Weigle United States Magistrate Judge

         Before the Court is a Motion for Summary Judgment filed by Defendant Samantha Shoultes. (Doc. 61). Also before the Court are Plaintiff's Motions to Compel. (Docs. 68, 69). Based on the analysis below, Plaintiff's Motions to Compel are DENIED. Furthermore, it is RECOMMENDED that the Defendant's Motion for Summary Judgment be GRANTED IN PART and DENIED IN PART.

         FACTS

         Plaintiff Jeremy Moody is an inmate at the Georgia Diagnostic and Classification Prison. On September 22, 2013, Plaintiff alleges that Defendant Shoultes, a corrections officer, sprayed a liquid mixture of human urine and feces into Plaintiff's cell and onto Plaintiff's body. (Doc. 55, p. 3; Doc. 61-3, pp. 27-28). By Plaintiff's account, Defendant Shoultes sprayed the waste concoction by squeezing a shampoo bottle aimed through an observation vent located above the 9-foot-tall rear wall of Plaintiff's cell, which was accessible to the Defendant from a catwalk. (Doc. 61-4, pp. 9, 11, 29; Doc. 61-6, pp. 10-11). In an effort to avoid the stream of liquid waste, Plaintiff claims that he ran the length of his cell, approximately 8 feet 8 inches in length, (Doc. 61-4, p. 5), and accidentally collided with his cell door, resulting in a laceration on his forehead for which he received same-day medical treatment. (Doc. 55, p. 3; Doc. 61-6, p. 11). An affidavit and accompanying medical records from Raymond Johnson, LPN, indicate that the only treatment Plaintiff received on September 22, 2013, was for a “1 centimeter long and 3 millimeter wide” cut bearing the hallmarks of a self-inflicted razor-blade wound, rather than a wound resulting from blunt trauma. (Doc. 61-5, pp. 3-4).

         According to Plaintiff, two events precipitated Defendant Shoultes' actions. First, Plaintiff alleges that Defendant Shoultes incorrectly attributed certain foul remarks to Plaintiff while she was patrolling the dormitory area from a walkway located above the cells. At his deposition, Plaintiff testified that Shoultes referred to Plaintiff's cell number in threatening retaliate for comments shouted by other prisoners in the H-2 dormitory:

A: She was walking the catwalk … the whole day guys are cussing out the officers and whatnot. And she probably couldn't determine exactly who was saying what …. But she did say, okay, I've got something for you Cell 40.
Q: So … you're assuming that she said that to you because … she heard someone talking trash and she thought it was you?
A: That's correct.

(Doc. 61-6, p. 9)

         Second, Plaintiff testified that he declined an evening meal which Defendant Shoultes had inserted through a “chuck trap” in Plaintiff's cell door. (Doc. 61-6, p. 9). As Defendant Shoultes removed the meal, served in a cup and on a tray, Plaintiff's cup spilled, splashing Defendant Shoultes. (Id.). According to Plaintiff, Defendant Shoultes responded by saying: “okay, that shit got on my uniform, I got something for you.” (Id.).

         Plaintiff testified that Defendant returned later in the day to retaliate by spraying him with waste from a vent over his head. He describes the attack as follows:

A few hours later I'm laying in the cell. Again, you can pretty much hear when the officers are on the walk. She was speaking with Inmate Larry Wade, and I heard a brief part of the conversation. Something like, I know you're going to get him. And I closed my eyes for a brief second, looked over at the vent. At that point a mixture of feces and urine was sprayed directly on my bed area. I got up, ...

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