BY LEESHA FAULKNER
OXFORD – U.S. District Judge Michael P. Mills has dismissed a civil rights complaint against Lee County Sheriff Jim H. Johnson and the Tupelo/Lee County Jail.
Samuel Lamatina, a former prisoner at the jail, requested the judge's action Thursday. Earlier this week, Gary Carnathan, attorney for the Lee County Board of Supervisors, said the county had filed a motion for judgment in favor of the sheriff, but he was unsure what would happen.
Lamatina, 41, had complained in federal court that Johnson violated his rights as a prisoner by keeping him out of his cell from 8 a.m. until 3 p.m.; denied him medical care for hemorrhoids; unconstitutionally subjected him to religious services; and that jail administrators violated his rights by not copying four pages of jail polices and grievance forms for use in his legal filings.
Last week, Magistrate Judge Jerry Davis challenged Lamatina point-by-point, terming the complaints frivolous. Davis gave the prisoner 10 days to respond. Lamatina filed the request to dismiss.
This is the third time since 2003 a federal judge has deemed frivolous Lamatina's prisoner civil rights complaints against Lee County.
Lamatina is serving a five-year sentence for burglary of a building other than a residence. He's serving his time at a work center in Lucedale.