United States District Court, S.D. Texas, Galveston Division
MEMORANDUM OPINION AND ORDER
JEFFREY VINCENT BROWN UNITED STATES DISTRICT JUDGE
Austin Mott, Jr., an inmate at the Texas Department of
Criminal Justice- Correctional Institutions Division
(“TDCJ”), proceeds pro se and has been
granted leave to proceed in forma pauperis.
Plaintiff filed this civil-rights action alleging that
Defendant Oyinkuro H. Oputa assaulted him on January 19,
2018. He also alleges that other TDCJ officials violated his
rights when they failed to respond properly after the
incident. Plaintiff has submitted a more definite statement
(Dkt. 11) as ordered by the Court.
Court is required to scrutinize every complaint filed by a
plaintiff proceeding in forma pauperis and must
dismiss the case at any time, in whole or in part, if it
determines that the action is frivolous, malicious, fails to
state a claim upon which relief may be granted, or seeks
monetary relief against a defendant who is immune from such
relief. 28 U.S.C. § 1915(e)(2)(B). Having reviewed the
pleadings, the more definite statement, the applicable law,
and all matters of record, the Court concludes that
Plaintiff's claims must be DISMISSED for
the reasons that follow.
alleges that Oputa, a correctional officer, used force
against him at the Terrell Unit on January 19, 2018. In
particular, he states that Oputa “assaulted [him] from
behind” by “physical[ly] forcing her arms around
[his] wa[is]t” and by “pull[ing] [him] hard into
her front side” (Dkt. 1, at 4).
more definite statement, Mott explains that he had an ongoing
dispute with another inmate who urinated on himself and
“fanned” the urine towards Mott (Dkt. 11, at
2-3). He has supplied a hand-drawn map of the dormitory,
marking the location of his bunk and the other inmate's
bunk (id. at 22 (Exhibit 1)). Mott states that in
the summer of 2017, after the inmate refused to stop, he
submitted an I-60 request to classification officials seeking
another bunk assignment, but did not get a response. In
November 2017, he submitted a Step 1 grievance but did not
get a response. He states that he also made verbal requests
for assistance to multiple officials, including one to Oputa
on the day of the incident, but that the situation was not
addressed. See id. at 3 (stating that he asked Oputa
to “please come try and ta[lk] to this offender about
this urinating situation” but that she refused).
January 19, 2018, Mott states that he left his bunk in order
to remove the other inmate's fan from where it was
hanging (id.). At that point, Oputa approached him
from behind to prevent him from removing the fan:
I made the round to remove the offender's fan off the
wall where he had it hanging fan[n]ing his urinating smell at
me. Mrs. Oputa ran up behind me and forcing her arms around
me to stop me from removing the fan off the wall.
(id. at 4). Mott claims that, right after Oputa
pulled on him, his back “popped”:
Remember, [I have] a physical handicap in my left leg. I
w[ear]a brace from hip to foot. And I have to w[ear] a back
brace because my back go[es] out on me. And I had to use a
cane to walk with. Immediately after Oputa pulled on me my
lower back pop[p]ed and I stop[p]ed walking and
approximate[ly] 2 minutes later I was in cuff[s] by Sgt. R.
Diaz and tak[en] to segregation where I was refused medical
treatment for lower back pains.
Id. (internal quotation marks omitted). He states
that he did not fall during the incident because Oputa had
her arms around his waist (id. at 5). In response to
the Court's question about what caused Oputa to stop
pulling on him, Mott stated, “When I told her to let me
go because you['re] assaulting me” (id.).
Oputa then let him go and he was cuffed and taken to lockup.
Mott alleges that Oputa intentionally violated TDCJ rules
that prevent an employee coming within three feet of an
inmate (id. at 5-6).
response to the Court's questions about injuries, Mott
states that, because of the incident, he is “always in
pain” and uses a walker:
My lower back is always in pain . . . and I'm having to
use a walker to walk w[ith], and I stay having bad muscle
cramps in my lower back and right leg. When Mrs. Oputa pulled
on me my lower back pop[p]ed.
(id. at 5). He states that he has received treatment
for pain in his lower back and right leg since March 2018 and
that, although he was not hospitalized, he is now confined to
a cell bed and takes multiple medications “as a result
of the assault” (id. at 6-7). He ...