# Hayward v. Harris County Jail

> District Court, S.D. Texas · May 21, 2024

URL: https://www.frixlaw.com/law-library/cases/10677719

## Case

- **Court:** District Court, S.D. Texas
- **Decided:** May 21, 2024
- **Opinion:** 100trialcourt
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/10677719

## How later opinions describe it (automated extraction)

- holding that cold food, poor-quality linens, and limited toilet paper may have been unpleasant, but they were not inhumane conditions

## Opinion text

Southern District of Texas
ENTERED
May 21, 2024
UNITED STATES DISTRICT COURT Nathan Ochsner, Clerk
SOUTHERN DISTRICT OF TEXAS , □
HOUSTON DIVISION

_ GLEN LEE HAYWARD, §
(Inmate # 02610719), § .
§
Plaintiff, §
§
vs. § CIVIL ACTION NO. H-24-1327
§
HARRIS COUNTY JAIL, et al., §
§
Defendants. § .
§
MEMORANDUM OPINION AND ORDER
The plaintiff, Glen Lee Hayward, (Inmate #02610719), is an inmate in
custody at the Harris County Jail. Proceeding pro se and in forma pauperis, he filed

_ acivil tights complaint under 42 U.S.C. § 1983, alleging that the Jail and two of its
detention officials have violated his constitutional rights. (Dkt. 1). Because
Hayward is an inmate who proceeds in forma pauperis, the Court is required to
examine his complaint and dismiss the case, in whole or in part, if it determines that
the action is frivolous, malicious, or fails to state a claim upon which relief may be
granted. See 28 U.S.C. § 1915(e)(2)(B), § 1915A(b). After reviewing the pleadings
and the applicable law, the Court concludes that this case must be dismissed for the
reasons explained below.

I. BACKGROUND
Hayward is currently in the Harris County Jail awaiting trial on a charge of |

aggravated assault on a family member. See Harris County District Clerk Docket
Search, www.hcdistrictclerk.com (visited May 15, 2024). He alleges that the Harris
County Jail lacks the basic necessities for proper hygiene, which permits germs to
spread throughout the Jail. (Dkt. 1, >. 4). He also alleges that the Jail does not
provide inmates with an “ample amount of body wash,” so he and others are
constantly “breaking out.” (/d.). In addition, he alleges that Sergeant Pickins and
Detention Officer Espinoza sometimes require inmates to show an empty toilet paper
roll before they will be given a new roll. (/d~at 3-4). Hayward seeks “just
compensation” for his pain and suffering and physical, mental, and emotional
distress. (/d. at 4).
In his complaint, Hayward admits that he previously filed an action against
Harris County Sheriff Ed Gonzalez concerning these same conditions. (Jd. at 2).
And court records show that Hayward filed a previous action under 42 U.S.C. § 1983
against Sheriff Gonzalez for “the lack of proper cleaning supplies so germs are
constantly being passed and spread.” See Hayward v. Sheriff Ed Gonzalez, Civil No.
H-24-385 (S.D. Tex.), at Dkt. 1. In his amended complaint in that action, Hayward
alleged that the Jail had “no hot water, no cleaning chemicals, [and] no bodywash.
Id. at Dkt. 10. He sought compensatory damages for his mental anguish and

suffering. Jd. That action was dismissed on May 10, 2024, based on the Court’s
finding that Sheriff Gonzalez was not personally involved in any of the actions
identified by Hayward. Jd. at Dkt. 15. □
Hayward filed his current complaint on April 11, 2024, while his earlier case
against Sheriff Gonzalez was still pending. (Dkt. 1). He does not explain why he
filed this second action while the original one was still pending.
Il. LEGAL STANDARDS
A. Actions Under 42 U.S.C. § 1983
Hayward brings his action under 42 U.S.C. § 1983. “Section 1983 does not
create any substantive rights, but instead was designed to provide a remedy for
violations of statutory and constitutional rights.” Lafleur v. Texas Dep’t of Health,
126 F.3d 758, 759 (Sth Cir. 1997) (per curiam); see also Baker v. McCollan, 443
U.S. 137, 144 n.3 (1979). To state a valid claim under § 1983, a plaintiff must
(1) allege a violation of rights secured by the Constitution or laws of the United
States, and (2) demonstrate that the alleged deprivation was committed by a person
acting under color of state law. See West y Atkins, 487 US. 42, 48 (1988); Gomez

v Galman, 18 F Ath 769, 775 (5th Cir. 2021) (per curiam). When the facts alleged
by the plaintiff, taken as true, do not show a violation of a constitutional right, the
complaint is properly dismissed for failure to state a claim. See, e.g., Samford v.
Dretke, 562 F.3d 674, 678 (Sth Cir. 2009) (per curiam); Rios v. City of Del Rio,

Tex., 444 F.3d 417, 421 (Sth Cir. 2006).
B. The Prison Litigation Reform Act
Because Hayward is a prisoner, his action is subject to the provisions of the
Prison Litigation Reform Act (“PLRA”), which was “designed to filter out the bad
claims filed by prisoners and facilitate consideration of the good.” Coleman y.
Tollefson, 575 U.S. 532, 535 (2015) (quoting Jones v. Bock, 549 U.S. 199, 202-03
(2007)) (cleaned up). To accomplish this, the PLRA requires federal district courts
to screen prisoner complaints and dismiss any claims that are frivolous or malicious,
that fail to state a claim upon which relief may be granted, or that seek monetary
relief from a defendant who is immune from such relief. See Crawford-El v. Britton,
523 U.S. 574, 596-97 (1998); see also 28 U.S.C. § 1915(e)(2)(B); § 1915A(b); 42
U.S.C. § 1997e(c). □

A complaint is frivolous “if it lacks an arguable basis in law or fact.” Geiger
v. Jowers, 404 F.3d 371, 373 (Sth Cir. 2005) (per curiam) (citing Denton v.
Hernandez, 504 U.S. 25, 31-32 (1992)). “A complaint lacks an arguable basis in
law if it is based on an indisputably meritless legal theory, such as if the complaint
alleges the violation of a legal interest which clearly does not exist.” Siglar v.
Hightower, 112 F.3d 191, 193 (Sth Cir. 1997) (citing Neitzke v. Williams, 490 U.S.

319,327 (1989)). “A complaint lacks an arguable basis in fact if, after providing the
plaintiff the opportunity to present additional facts when necessary, the facts alleged

are clearly baseless.” Rogers v Boatright, 709 F.3d 403, 407 (Sth Cir. 2013)
(cleaned up).
A complaint fails to state a claim upon which relief can be granted if it does
not contain “sufficient factual matter, accepted as true, to state a claim to relief that
is plausible on its face.” Jd. (quoting Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009)).
In reviewing the complaing the Court must construe all allegations “liberally in favor
of the plaintiff’ and must consider whether “with every doubt resolved on [the
plaintiff's] behalf, the complaint states any valid claim for relief.” Harrington v.
State Farm Fire & Cas. Co., 563 F.3d 141, 147 (Sth Cir. 2009) (cleaned up). If the
complaint does not state a elainy for relief, it may be dismissed, even before service
on the defendants. See Green v. McKaskle, 788 F.2d 1116, 1119 (Sth Cir. 1986).
C. Pleadings

Hayward is proceeding pro se in this action. Courts construe pleadings filed
by pro se litigants under a less stringent standard of review. See Haines v. Kerner,
404 U.S. 519, 520 (1972) (per curiam). Under this standard, “[a] document filed pro
se is ‘to be liberally construed.” Erickson v. Pardus, 551 U.S. 89, 94 (2007) (per

curiam) (quoting Estelle v. Gamble, 429 U.S. 97, 106 (1976)). But even under this
liberal standard, pro se litigants must still “abide by the rules that govern the federal
courts.” EE.O.C. v, Simbaki, Ltd., 167 F.3d 475, 484 (Sth Cir. 2014). ‘They must
“properly plead sufficient facts that, when liberally construed, state a plausible claim

to relief, serve defendants, obey discovery orders, present summary judgment
evidence, file a notice of appeal, and brief arguments on appeal.” Id. (cleaned up).
Ill. DISCUSSION
A. Hayward’s Complaint is Malicious Under the PLRA
As explained above, the Court is required to dismiss claims alleged by a
prisoner that are frivolous or malicious or fail to state a claim upon which relief can
be granted. A complaint is considered malicious for purposes of the PLRA if it
duplicates allegations made in another federal lawsuit by the same plaintiff.
Pittman v. Moore, 980 F.2d 994, 994 (5th Cir. 1993); see also Bailey v. Johnson,
846 F.2d 1019, 1021 (Sth Cir. 1987) (per curiam) (“Repetitious litigation of virtually
identical causes of action is subject to dismissal under 28 U.S.C. § 1915(e)(2)(B) as
malicious.”) (cleaned up). Actions that arise from the same series of events and
allege the same facts as a prior action are considered malicious and will be dismissed.
See Willis v. Bates, 78 F. App’x 929, 929 (Sth Cir. 2003) (“A district court may
dismiss a lawsuit as malicious if it arises from the same series of events and alleges
many of the same facts as an earlier suit.”); Wilson v. Lynaugh, 878 F.2d 846, 850
(Sth Cir. 1989) (“[C]omplaints may be dismissed as frivolous pursuant to § 1915(d)
when they seek to relitigate claims which allege substantially the same facts arising
from a common series of events which have already been unsuccessfully litigated
by the IFP plaintiff.”).

In his current complaint, Hayward alleges that the Jail is not supplying him
with proper cleaning products, body wash, and toilet paper. But court records clearly
reflect that Hayward unsuccessfully litigated these same claims against Sheriff
Gonzalez, as the Jail supervisor, in a separate lawsuit filed previously in this district.
His current claims concerning cleaning products and body wash are duplicative of
his prior action. Those claims will be dismissed as malicious and legally frivolous.
B. Hayward Fails to State a Claim for Relief Under § 1983
Even if Hayward’s claims are not considered duplicative of his earlier claims
because he names a different defendant, his complaint must still be dismissed
because he does not allege claims that are actionable under § 1983.
1. Claims Against the Harris County Jail.
Hayward names the Harris County Jail as a defendant in his action. His claims
against the Jail must be dismissed because the Jail does not have the capacity to be
sued. .
A party to a lawsuit must have the capacity to sue or be sued. See FED. R.
Civ. P. 17(b). “The capacity of an entity to sue or be sued ‘shall be determined by
the law of the state in which the district court is held.’”” Darby v. Pasadena Police
Dep’t, 939 F.2d 311, 313 (Sth Cir. 1991) (quoting FED. R. Civ. P. 17(b) (1991)).
Under Texas law, a county jail is not a separate legal entity capable of being sued.
See Patterson v. Harris Cnty. Jail, No. H-09-1516, 2009 WL 10705736, at *3 (S.D.

Tex. May 29, 2009) (“As a division within the Harris County Sheriff’s Department,
the Harris County Jail does not qualify as an entity with capacity under the rules
because it cannot sue or be sued.”). And while the Jail is operated by the Harris
County Sheriff’s Office, the Sheriff's Office also lacks the capacity to be sued. See
Potts v. Crosby Indep. Sch. Dist., 210 F. App’x 342, 344-45 (5th Cir. 2006) (per
curiam) (upholding the dismissal of claims against the Harris County Sheriff’s
Office on the grounds that it lacked the capacity to be sued).
Because the Jail lacks the legal capacity to be sued, it cannot be named as a
defendant. Hayward’s claims against the Jail are dismissed with prejudice under
§ 1915(e)(2)(B)(i) as legally frivolous.
2. Claims Against Pickins and Espinoza.
Hayward also names Sergeant Pickins and Detention Officer Espinoza as
defendants, alleging that each of them “forced [inmates] to present an empty roll to
receive toilet paper.” (Dkt. 1, p. 3). Hayward does not allege that he was denied
toilet paper; only that he had to present the empty roll to receive more.
These allegations, even if true, do not establish a constitutional violation. See
McClure v. Foster, 465 F. App’x 373, 375 (Sth Cir. 2012) (temporary denial of toilet
paper does not constitute cruel and unusual punishment under the Constitution); see
also Delgado v. U.S. Marshals, 618 F. App’x 236, 237 (Sth Cir. 2015) (holding that
cold food, poor-quality linens, and limited toilet paper may have been unpleasant,

but they were not inhumane conditions); Martin v. Live Oak Cnty. Jail, No. 2:22-cv-
00156, 2023 WL 2874461, at *23 (S.D. Tex. Jan. 23, 2023) (“The fact that Plaintiff .

was denied access to a shower on two occasions and toilet paper for a short period
time, while perhaps unpleasant, does not equate to the sort of unhealthy conditions

or deprivation of the ‘minimal civilized measure of life's necessities’ necessary to
allege a viable constitutional violation.”) report & recommendations adopted, 2023
WL 2873382 (S.D. Tex. Apr. 10, 2023), aff'd, No. 23-40254, 2023 WL 7206638 .
(Sth Cir. Nov. 1, 2023); Adams v. Lumpkin, No. 6:22cv177, 2022 WL 2336082, at
*3 (E.D. Tex. May 10, 2022) (denial of toilet paper for part of a day did not rise to
the level of a constitutional violation); Hanson v. Richardson, No. 2:06-cv-0178,
2008 WL 818893, at *4 (N.D. Tex. Mar. 27, 2008) (allegations that the inmate was
denied regular showers or toilet paper, without more, do not amount to a
constitutional “deprivation of the ‘minimum civilized measure of life's
necessities’”); Gonzalez v. Gillis, No. 5:20-cv-158, 2021 WL 5277163, at *4 (W.D.
Miss. Aug. 5, 2021) (temporary deprivation of toilet paper does not rise to the level
of a constitutional violation).
Hayward’s allegations show, at most, a temporary denial of toilet paper.
These allegations, without more, do not show that Pickins and Espinoza violated
Hayward’s constitutional rights by depriving him of the “minimum civilized
measure of life’s necessities. The claims against Pickins and Espinoza must be

dismissed for failing to state a claim upon which relief can be granted.
IV. CONCLUSION
Based on the foregoing, the Court ORDERS as follows:
1. Hayward’s complaint, (Dkt. 1), is DISMISSED with prejudice as legally
frivolous under 28 U.S.C. § 1915(e)(2)(B).
2. Any pending motions are DENIED as moot.
3. This dismissal counts as a strike for purposes of 28 U.S.C. § 1915(g).
The Clerk shall send a copy of this Memorandum Opinion and Order to the □
plaintiff. The Clerk shall also send a copy of this dismissal to the Three-Strikes List
Manager at the following amie Three Strikes@txs.uscourts.gov.
SIGNED at Houston, Texas on ] log Z.\ _ , 2024.

Prank te
DAVID HITTNER
UNITED STATES DISTRICT JUDGE

10

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/10677719. Public record. Not legal advice.