Case: 18-20278 Document: 00515316369 Page: 1 Date Filed: 02/20/2020 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED February 20, 2020 No. 18-20278 Lyle W. Cayce Clerk ARTRAI TURONE ALEXANDER, Plaintiff - Appellant v. TEXAS DEPARTMENT OF CRIMINAL JUSTICE; ROCKY N. MOORE, Texas Department of Criminal Justice Ferguson Unit Warden; THE FERGUSON UNIT, Texas Department of Criminal Justice; WARDEN KEVIN BELT, Texas Department of Criminal Justice Ferguson Unit Assistant Warden; LINCOLN CLARK, Texas Department of Criminal Justice Ferguson Unit Assistant Warden; ROBERT JENNINGS, Texas Department of Criminal Justice Ferguson Unit Captain; ROXANNE SIMON, Texas Department of Criminal Justice Ferguson Unit Counsel Substitute; DOVIER TURNER, Texas Department of Criminal Justice Ferguson Unit Investigator; CHRISTOPHER HOWETH, Texas Department of Criminal Justice Ferguson Unit Major; MICHAEL BATES, Texas Department of Criminal Justice Ferguson Unit Major; ROBERT JENKINS, JR., Texas Department of Criminal Justice Ferguson Unit Warden; GERALD JOZWIAK, Texas Department of Criminal Justice Ferguson Unit Investigator; JAMES MCKEE, Texas Department of Criminal Justice Ferguson Unit Assistant Warden; YOLANDA JONES, Texas Department of Criminal Justice Ferguson Unit Access to Courts (ATC) Supervisor, Defendants - Appellees Appeal from the United States District Court for the Southern District of Texas Before WIENER, HIGGINSON, and HO, Circuit Judges. Case: 18-20278 Document: 00515316369 Page: 2 Date Filed: 02/20/2020 No. 18-20278 PER CURIAM: Artrai Turone Alexander, Texas prisoner # 2054329, appeals the district court’s dismissal of his 42 U.S.C. § 1983 complaint as frivolous under 28 U.S.C. § 1915(e)(2)(B)(i). We review the district court’s decision for abuse of discretion. See Geiger v. Jowers, 404 F.3d 371, 373 (5th Cir. 2005) (per curiam). We affirm. I. Alexander is a prisoner in Texas and no stranger to the American court system. He has filed repeated suits for habeas corpus and for alleged deprivations of his rights under 42 U.S.C. § 1983. In his most recent legal action, and the subject of this appeal, Alexander filed a pro se § 1983 complaint against various members of the Ferguson Unit of the Texas Department of Criminal Justice (“TDCJ”). The allegations stem primarily from the aftermath of a prison riot on December 7, 2016. That day, prison officers and inmates were embroiled in a physical altercation in the mess hall, where Alexander was present. A gas agent was eventually dispersed to control the situation, which involved some two hundred inmates who were all on their feet. After the incident, Warden Rocky Moore directed Alexander to be moved to closed custody, where he remained for twelve days from December 7 to December 19. Alexander alleges the cell was infested with roaches and contained dead roaches and rat droppings. He relayed information about the condition of the cell to several officers on shift, who registered his complaints on the maintenance docket. Alexander faced a disciplinary proceeding for his involvement in the December 7 incident. Counsel Substitute Roxanne Simon was appointed to represent Alexander at the hearing, which was conducted by Captain Robert 2 Case: 18-20278 Document: ...
Original document
Source: All recent Immigration Decisions In All the U.S. Courts of Appeals