Jackson v. Mississippi

Arthur Jackson, an inmate of the Mississippi State Penitentiary (Parchman), filed this 42 U.S.C. § 1983 action alleging deprivation of his constitutional rights when he was injured by a pellet from a shotgun fired by a fellow prisoner guard. Relying on pendent jurisdiction, Jackson also asserted parallel claims under state law. The outcome of this appeal is governed largely by two prior cases, Bogard v. Cook, 586 F.2d 399 (5th Cir. 1978), and Douthit v. Jones, 619 F.2d 527 (5th Cir. 1980). In addition, we must consider the summary judgment procedure followed and the effect of an injunction ordering enforcement of specific constitutional rights of Parchman prisoners. We affirm in part, vacate in part, and reverse and remand in part. In October 1972, Arthur Jackson began serving at Parchman a five-year prison term for armed robbery. On February 6, 1973, Jackson and other prisoners were boarding a bus to be transported to a vocational school at the penitentiary. As was the practice at that time, another prisoner designated as a ""trusty shooter"" was guarding these inmates with a shotgun. Noticing that some inmates were pushing to the front of the line to get a seat on the bus, the trusty shooter fired a warning shot. One of the pellets from this 00 buckshot load penetrated Jackson's left eyeball. Jackson was taken to the prison's medical facilities where the doctor on duty cleaned and dressed the wound. The doctor called the University Hospital in Jackson, Mississippi, for advice and was told to have Jackson transported to that hospital. He did so. The drive took approximately three hours. At the University Hospital, Jackson's eye was surgically removed.