USCA1 Opinion
September 26, 1996 [NOT FOR PUBLICATION]
UNITED STATES COURT OF APPEALS
FOR THE FIRST CIRCUIT
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No. 95-2312
JEROME WASHINGTON,
Plaintiff, Appellant,
v.
RONALD DUVAL, SUPERINTENDENT,
MCI-WALPOLE, ET AL.,
Defendants, Appellees.
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APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MASSACHUSETTS
[Hon. Joseph L. Tauro, U.S. District Judge]
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Before
Selya, Cyr and Boudin,
Circuit Judges.
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Jerome Washington on brief pro se.
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Vincent L. DiCianni and Ferriter, Scobbo, Sikora, Singal, Caruso
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& Rodophele, P.C., on brief for appellees.
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Per Curiam. Jerome Washington appeals from the
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district court's grant of summary judgment in defendants'
favor on his claim that defendants were deliberately
indifferent to his medical needs and safety in violation of
the Eighth Amendment to the Constitution. We affirm for
substantially the reasons given in the district court's
decision dated May 8, 1995, adding only a brief comment.
Washington correctly claims on appeal that
defendants' affidavit in support of summary judgment failed
to recite facts which suggested that defendant John
McClintock had reason to suspect that Washington might injure
himself if left in a cold cell. Nonetheless, the record
supports the court's determination that defendants were not
deliberately indifferent to Washington's needs by not
providing him with a blanket. Washington had told McClintock
that he had placed a noose around his neck, made from his
bedding, because his cell was cold. At the same time,
however, he had also told McClintock that he did not want to
return to the general prison population because he feared for
his safety. McClintock's notes indicate that he was
concerned that Washington might hurt himself because of his
fear about being returned to the general population. Under
the circumstances, McClintock's decision not to give
Washington a blanket was reasonable, even if he knew that
Washington had once placed a noose around his neck because he
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was cold, especially since he continued regular observation
of Washington and informed him that he could have a blanket
the next day if the night passed "without incident." Under
the circumstances, McClintock did not act in deliberate
indifference to Washington's needs, and summary judgment in
defendants' favor was proper.
Affirmed.
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