Clay v. State
| Docket Number: | 2007-CP-00836-COA Linked Case(s): 2007-CP-00836-SCT ; 2007-CP-00836-COA ; 2007-CT-00836-SCT |
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| Court of Appeals: |
Opinion Link Opinion Date: 09-16-2008 Opinion Author: Carlton, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Assault by fellow inmate - Section 11-46-9(l)(m) Judge(s) Concurring: King, C.J., Lee and Myers, P.JJ., Irving, Chandler, Griffis, Barnes, Ishee, and Roberts, JJ. Procedural History: Admin or Agency Judgment Nature of the Case: CIVIL - OTHER |
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| Trial Court: |
Date of Trial Judgment: 04-03-2007 Appealed from: Greene County Circuit Court Judge: Robert P. Krebs Disposition: AFFIRMED DECISION OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS’ ADMINISTRATIVE REMEDY PROGRAM Case Number: 2005-04-043(1) |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | LOUIS J. CLAY, JR. A/K/A LOUIS CLAY A/K/A SPOOLA BOO |
LOUIS J. CLAY, JR. (PRO SE) |
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| Appellee: | CHRISTOPHER EPPS | OFFICE OF THE ATTORNEY GENERAL BY: JANE L. MAPP JAMES M. NORRIS |
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Synopsis provided by:  If you are interested in subscribing to the weekly synopses of all Mississippi Supreme Court and Court of Appeals hand downs please contact Tammy Upton in the MLI Press office. |
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| Topic: | Assault by fellow inmate - Section 11-46-9(l)(m) |
| Summary of the Facts: | Louis Clay, Jr. alleges that while an inmate at the South Mississippi Correctional Institute, he was assaulted by a fellow inmate in the dining hall during lunch. Clay filed a complaint with the Mississippi Department of Corrections’ Administrative Remedy Program seeking the following relief: transfer to the Central Mississippi Correctional Facility, protection from further harm, and $5,000,000 in damages. Clay sought judicial review of the ARP’s decision denying him relief. The circuit court dismissed Clay’s complaint as untimely filed. Clay appealed the dismissal, and the Court of Appeals reversed and remanded, finding that his complaint was timely filed. On remand, the circuit court affirmed the decision of the ARP. Clay appeals. |
| Summary of Opinion Analysis: | Clay argues that the circuit court should not have affirmed the ARP’s decision without first holding a hearing or allowing him to amend his complaint. This issue is without merit. Circuit courts may dismiss actions without a hearing when it is clear from the record that the prisoner is not entitled to any relief. The defendants in this case are immune from suit as to state law claims under section 11-46-9(l)(m) of the Tort Claims Act. Furthermore, Clay’s allegations do not establish any violations of his constitutional rights. There is no indication that the MDOC staff acted with reckless disregard or deliberate indifference for Clay’s safety. The investigation of Clay’s complaint through the ARP indicated that he had received adequate medical care. |
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