West v. Thompson

Summary

West v. Thompson, 5th Cir. (2021) (unpublished) – Prisoner §1983 action alleging Eighth Amendment violations from double-celling policy in administrative segregation/protective custody and excessive force. The district court granted summary judgment for defendant Thompson (no personal involvement, policy not unconstitutional) and dismissed claims against Hunt for failure to effect timely service. The Fifth Circuit denied IFP and dismissed the appeal as frivolous because the appellant abandoned challenges to the district court's rulings and failed to raise nonfrivolous issues. Key topics: Eighth Amendment, double-celling, summary judgment, IFP, frivolous appeal, abandonment of claims.

Holdings

1. The policy of double-celling inmates in administrative segregation on protective custody is not unconstitutional under Rhodes v. Chapman and Bell v. Wolfish. West failed to demonstrate a nonfrivolous issue for appeal on this claim.
2. West abandoned any challenge to the dismissal of Hunt by not addressing it on appeal.
3. West abandoned any challenge to this determination by not addressing it on appeal.

Questions Presented

1. Whether the district court erred in granting summary judgment to Thompson on the double-celling policy claim.
2. Whether the district court erred in dismissing claims against Hunt for failure to effect timely service.
3. Whether West's challenge to the lack of direct personal involvement by Thompson regarding the use of force was properly rejected.

Disposition

dismissed