Bankston vs. Bradley, (5th Cir. 2002)
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* Pursuant to 5 TH C IR . R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR .
R. 47.5.4. IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT
No. 02-60149 Conference Calendar DARRELL LYNN BANKSTON, Plaintiff-Appellant, versus JODY BRADLEY; ET AL., Defendants, CORRECTIONAL CORPORATION OF AMERICA (CCA), Defendant-Appellee. Appeal from the United States District Court for the Southern District of Mississippi USDC No. 5:00-CV-127-BrS December 12, 2002 Before JOLLY, JONES, and WIENER, Circuit Judges.
PER CURIAM: * Darrell Lynn Bankston (# R1725), who is incarcerated at Wilkinson County Correctional Facility (WCCF), appeals the grant of summary judgment to Corrections Corporation of America (CCA).
BankstonÂ’s amended complaint requested monetary damages from CCA, which operates WCCF, based on an alleged assault of Bankston by another inmate. We AFFIRM. As part of his claim for relief, Bankston alleged conclusionally that the assault occurred as a result of CCAÂ’s custom or policy which allowed correctional officers to doublecell inmates whom they know to be enemies of one another. With its motion for summary judgment, CCA filed a WCCF policy statement which refuted this allegation. Bankston then failed to file a response, as required by F ED . R. C IV . P. 56(e).
Accordingly, the district court did not err by granting CCAÂ’s motion for summary judgment. See Celotex Corp. v. Catrett , 477 U.S. 317, 322-26 (1986).
AFFIRMED.
No. 02-60149
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