FABE, Chief Justice.
A former inmate brought an action against the Department of Corrections alleging that the Department negligently failed to protect him after he reported being threatened and that he was subsequently assaulted and seriously injured while in prison. The superior
Richard Mattox was incarcerated at Spring Creek Correctional Center, housed in the Kilo module. Mattox, who is white, alleges that his then-cellmate, Aaron, who is African-American, repeatedly made threats of a racial nature. According to Mattox, Aaron made statements to the effect of "I don't like you. Your people were killing my people back in the day. You've got to get out or something's going to happen." According to Mattox, Aaron threatened him "every time [they] were together in [their cell]." Mattox understood the threat to mean that violence could come from any of "[Aaron's] people; that is, the black inmates in the mod[ule]." Mattox believed that the black inmates "wanted [him] out of the mod[ule]."
Mattox alleges that he made multiple requests to two different officers to be moved out of the Kilo module. He reports that he told the guards that the module was "too tough for [him]." Mattox was 47 years old, and he feared trouble with the "cocky, young" inmates housed there. He was particularly fearful of Aaron and Aaron's friends. Mattox claims that he submitted written transfer requests ("cop-outs") to prison officials in which he reported his fear, and that these documents are now missing from his prison file. Mattox claims that the Department of Corrections denied his requests, and he was not transferred from the Kilo module. Mattox also asserts that an officer responded to one of his transfer requests by saying: "There are racial tensions in here and you're going to have to work it out."
On July 22, 2007, Mattox was watching television in a common area with several other inmates. No guard was posted in the common area. The security cameras in the room had been out of order for some time. Another inmate, Vincent Wilkerson, was seated in the row of chairs in front of Mattox. Mattox alleges that Wilkerson, who is African-American, was a friend of Aaron; the two played basketball together and ate together. At some point during the television show, Wilkerson turned around and told Mattox to "[s]hut the f...k up." Mattox turned to the inmate seated next to him and asked whether Wilkerson had been speaking to him. When Mattox turned back, Wilkerson was standing in front of him and suddenly punched Mattox in the left cheek. Mattox sought help from a corrections officer in an adjacent room. Mattox had not had any previous interaction with Wilkerson and could not identify him by name.
The blow to Mattox's face caused bilateral orbital fractures, a sinus fracture, and a nasal fracture. Mattox was hospitalized for treatment of his injuries, undergoing surgery that included the placement of six titanium plates and 200 titanium screws in his skull. He asserts that he continues to suffer from sinus and visual problems associated with the injuries.
After his release from prison, Mattox filed suit in connection with the attack by Wilkerson, alleging that the Department was negligent in various ways. The Department moved for partial summary judgment on certain claims, and the superior court granted partial summary judgment, leaving intact Mattox's general claim that the Department failed to protect him after he put the Department on notice of the threat to his safety. The Department then moved for summary judgment on the remaining claim. After hearing oral argument, the superior court granted summary judgment in favor of the Department, reasoning that "Mattox has
As we recently explained:
Summary judgment is generally disfavored on disputed questions of tort duty.
The Department of Corrections owes a duty to inmates to exercise reasonable care for the protection of their lives and health.
The Department contends that prison officials are required to act only when a report of a threat communicates an "immediate, identifiable, and specific danger." According to the Department, anything less is insufficient as a matter of law to make an attack reasonably foreseeable. In support of this argument, the Department draws our attention to numerous federal cases in which courts have rejected claims arising from inmate-on-inmate violence because of the lack of specificity or imminence of the alleged threats.
We reject this proposed standard. As the superior court also recognized, the "deliberate indifference" standard simply does not apply to a state-law negligence claim.
The scope of the Department's duty under our negligence standard will be determined by the factual circumstances.
The superior court properly rejected the Department's incorrect formulation of the standard, but it was error to conclude that the attack by Wilkerson was unforeseeable as a matter of law even under the correct standard of reasonable foreseeability.
But Mattox did provide evidence of a connection. He described circumstances in the module that, taken as a whole, raise a factual question as to the foreseeability of the attack he suffered. He claims that he told the officers that the module was "too tough for [him]." He says he told them that he feared trouble with the "cocky, young" inmates there. And although his allegation is phrased ambiguously, he seems to claim that he told officers that he was afraid of "his roommate or his roommate's friends" and that Aaron was "friends with ... Wilkerson" and associated with him on the basketball court and at mealtimes. These last claims are key factual assertions that the superior court appears to have overlooked. If prison officials were on notice of Mattox's fear of Aaron's friends and of Aaron's friendship with Wilkerson, they had considerably more notice of the risk of attack than if all they knew was that Mattox generally feared for his safety. Mattox's identification of his potential attackers — Aaron or Aaron's friends — makes foreseeability a much closer question.
Mattox further asserts that prison officials were aware specifically of racial tension in the module and put the burden on Mattox to defuse it (or handle the consequences if he could not). According to Mattox, an officer remarked on the racial tension in the module on several occasions. Mattox alleges that in response to one of his complaints, an officer told him: "There are racial tensions in here and you're going to have to work it out." The response suggests that a Department official not only knew of racial tension, but also told Mattox that he would have to address the problem if he were to avoid trouble. This acknowledgment of the need for Mattox to take some action clashes with the Department's claim that an attack on Mattox was completely unforeseeable; if there was no foreseeable risk of harm, there would be no need for Mattox to "work it out."
The Department attempts to isolate particular facts which, taken alone, may have been insufficient to put the Department on notice of the attack that Mattox suffered. For example, the Department stresses that Mattox did not identify Wilkerson in advance, making much of Mattox's statement in his affidavit that he "couldn't explain in what form the violence would come, or from whom exactly, or when, because [he] didn't know this [himself]." The Department argues that because Mattox could not identify Wilkerson as his potential assailant (and could not name him after the attack), the attack was unforeseeable as a matter of law. The Department also focuses on Mattox's allegation that there was racial tension in the module, arguing that evidence of the mere existence of racial tension is too vague to trigger the Department's duty to protect.
The Department may be correct that each of these facts, viewed alone, could be insufficient to create a genuine factual dispute as to foreseeability. And it is true that if Mattox had been able to identify Wilkerson as his potential assailant, or had provided evidence that Wilkerson bore racial animosity toward him, his evidence of foreseeability would be even stronger. But the fact that Mattox could not provide the level of detail that the Department would desire does not make the attack unforeseeable as a matter of law. The Department's duty to protect is not limited by an inmate's inability to predict the precise nature and time of the assault, or the identity of his attacker. As the New York Court of
We recognize that the precise substance and extent of Mattox's communications to prison officials remain somewhat unclear because his discovery responses on certain issues are ambiguous. But his statement that "particularly, [he] was afraid of trouble from his roommate or his roommate's friends" closely follows his assertions that "[r]equests were made to [correctional officers]" and that "[h]is requests were refused." We must give him the benefit of reasonable inferences, and the question of the notice provided to the correctional officers is a factual question to be developed at trial. Our summary judgment standard requires that we view the available facts in the light most favorable to Mattox as the non-moving party. Viewing these facts in that light, we conclude that Mattox raised a genuine issue of fact as to whether the Department was on notice of the risk of attack not only from Mattox's cellmate, Aaron, but also from other inmates associated with Aaron.
The judgment of the superior court is REVERSED, and this case is REMANDED for further proceedings consistent with this opinion.
Grieveson v. Anderson, 538 F.3d 763, 780 (7th Cir.2008) (emphasis in original) (internal citations omitted); see also Dale v. Poston, 548 F.3d at 571 (affirming summary judgment in Bivens action where inmate provided officers only general information about a threat of violence against him, and noting that more than negligence by officers is required to prove violation of Eighth Amendment). We also note that in one of the federal cases in the Department's string of citations, Cooper v. Bush, No. 3:06-CV-653-J-32TEM, 2006 WL 2054090 (M.D.Fla. July 21, 2006), the court rejected the inmate's allegation of danger largely on the basis that in several of the more than 70 frivolous cases the inmate had filed in that court, he claimed to have committed suicide already and threatened to "do it again" if his concerns were not addressed. Id. at *1 n. 3.