SUE E. MYERSCOUGH, District Judge.
Plaintiff proceeds pro se from his incarceration in Pontiac Correctional Center on claims for failure to protect, excessive force, inhumane conditions, and procedural due process violations. The case is at the summary judgment stage. For the reasons explained below, summary judgment is granted to Defendants on the failure to protect and procedural due process claims. Summary judgment is denied on the excessive force claim. Summary judgment is denied with leave to renew on the inhumane conditions claim.
These facts are set forth in the light most favorable to Plaintiff, drawing reasonable inferences in Plaintiff's favor, as required at the summary judgment stage.
The claims arise from events which began on September 30, 2014 in Pontiac Correctional Center. That day, Officer Cerda, who is not a Defendant, instructed Plaintiff to move into a cell with an inmate Daniels whom Plaintiff believed was a sexual predator. Plaintiff had heard rumors that the inmate Daniels was homosexual and had a history of sexual assaults on and sexual misconduct with his cellmates. (Pl.'s Dep. 22.) Plaintiff refused to cell with inmate Daniels, whereupon Plaintiff was handcuffed behind his back and escorted to a cage in the sick call area. (Pl.'s Dep. 23.) Concerned about why officers tried to move Plaintiff into the cell with inmate Daniels, Plaintiff asked to speak to a Lieutenant and also asked that his tight handcuffs be loosened. (Pl.'s Dep. 24.) Defendant Tovrea refused, and the two had words.
Defendant Tovrea entered the cage—what happened after that is disputed. Plaintiff contends that Tovrea grabbed Plaintiff by the throat and slammed Plaintiff onto a concrete bench, whereupon Plaintiff's head bounced off the concrete and hit Tovrea's nose, causing Tovrea's nose to bleed. Defendant Tovrea maintains that Plaintiff "kicked off the bench striking [Tovrea] in the nose with his right elbow." (Adj. Com. Final Summ. Report, d/e 46-2, p. 1.) Plaintiff maintains that Defendants Skeen and Blackard came to the scene and slammed Plaintiff's head into the floor, smacked him repeatedly on the back of his head, rammed his head into the wall, and used other unnecessary force. (Pl.'s Dep. p. 26.)
Plaintiff was then, for a couple of hours, placed in a cell without running water and with "feces and stuff in the toilet" and on the floor. Plaintiff was eventually moved to a cell "that had piss on the floor, feces in the toilet, and the cell was completely a mess." Plaintiff's requests for cleaning supplies were ignored. (Pl.'s Dep. 32, 91.)
Defendant Tovrea wrote Plaintiff a disciplinary report for assault and disobeying a direct order. In the disciplinary hearing, Plaintiff was found guilty of both charges, receiving a punishment that included the revocation of one year of good time. (Adj. Com. Final Summ. Report, d/e 46-2, p. 1.) The Adjustment Committee found that Plaintiff had refused to comply with orders to sit down and that, as Tovrea "was about to secure [Plaintiff] to the bench, [Plaintiff] kicked off the bench striking this officer in the nose with his right elbow. [Tovrea's] nose was bleeding bad and sent to HCU to be evaluated."
An Eighth Amendment failure-to-protect claim requires evidence that a defendant was deliberately indifferent to a substantial risk of serious harm.
Plaintiff argues that Defendants Blackard and Skeens should have known that Plaintiff was too vulnerable to be placed in a cell with inmate Daniels. However, Plaintiff presents no evidence to substantiate his fears about inmate Daniels. No reasonable inference arises from this record that inmate Daniels actually posed any risk to Plaintiff or that anyone was aware of a risk. That Plaintiff refused to cell with inmate Daniels based on rumors would not have put anyone on notice that inmate Daniels actually presented a substantial risk of serious harm to Plaintiff. See
Summary judgment must also be granted to Defendants on Plaintiff's procedural due process claim regarding his disciplinary hearing. Plaintiff's claim that he was not allowed to present exonerating evidence necessarily implies that his one year of good time should be restored. Claims which "necessarily imply the invalidity of the deprivation of. . . [an inmate's] good-time credits" are not cognizable under 42 U.S.C. § 1983 until the prison disciplinary decision has otherwise been invalidated, for example by expungement, a state court order, or a writ of habeas corpus.
Unlike Plaintiff's procedural due process claim, Plaintiff's excessive force claim may proceed despite the good time revocation, though Plaintiff cannot challenge the disciplinary committee's factual findings. Plaintiff will have to accept the disciplinary committee's version for purposes of the trial. See
Remaining for discussion is Plaintiff's claim that the cells he was placed in after the hearing were unsanitary. The Eighth Amendment prohibits deliberate indifference to inhumane prison conditions. Inhumane conditions are "objectively serious deprivations," deprivations of the "minimal civilized measure of life's necessities" according to "evolving standards of decency."
Plaintiff agreed in his deposition that his inhumane conditions claim is against Defendant Pfister only, who was then the Warden. Plaintiff stated in his deposition that the Warden was responsible for these conditions because the Warden was in charge and also because the Warden did not answer Plaintiff's grievances. (Pl.'s Dep. 93-94.) The Warden is not liable for the constitutional violations of his subordinates solely because the Warden is in charge.
However, the record is not developed enough to determine whether Defendant Pfister knew about the conditions. Defendant Pfister maintains that he had no knowledge because his designee reviewed Plaintiff's grievances, not Pfister. Yet copies of the grievances about the conditions do not appear to be in the record, and Defendant Pfister offers no affidavit. Summary judgment will be denied on this claim, with leave to renew.
In accordance with the provisions of 28 U.S.C. § 636(c) and Fed.R.Civ.P. 73, you are hereby notified that, upon the consent of all the parties in a civil case, the Court may appoint a United States Magistrate Judge of this District, who is specially certified to conduct any or all proceedings, including trial of and the entry of a final judgment. A copy of the appropriate consent form is attached.
You should be aware that your decision to consent, or not to consent, to the disposition of your case before a United States Magistrate Judge is entirely voluntary and should be communicated to the Clerk of the Court. Only if all the parties to the case consent to the reference to a Magistrate Judge will either the District Judge or Magistrate Judge to whom the case has been assigned be informed of your decision. Neither a District Judge nor a Magistrate Judge will attempt to persuade or induce any party to consent to the reference of this case to a Magistrate Judge.
If all parties consent, the form is to be e-signed (s/NAME) by all and e-filed with the Court pursuant to guidance in the Court's Local Rules 11.4(A) or (B). A certificate of service is not required to be filed with this document.
In accordance with the provisions of 28 U.S.C. §636(c), and Fed.R.Civ.P. 73, you are notified that a United States magistrate judge of this district court is available to conduct any or all proceedings in this case including a jury or nonjury trial, and to order the entry of a final judgment. Exercise of this jurisdiction by a magistrate judge is, however, permitted only if all parties voluntarily consent.
You may, without adverse substantive consequences, withhold your consent, but this will prevent the court's jurisdiction from being exercised by a magistrate judge. If any party withholds consent, the identity of the parties consenting or withholding consent will not be communicated to any magistrate judge or to the district judge to whom the case has been assigned.
An appeal from a judgment entered by a magistrate judge shall be taken directly to the United States court of appeals for this judicial circuit in the same manner as an appeal from any other judgment of this district court.
In accordance with provisions of 28 U.S.C. §636(c) and Fed.R.Civ.P. 73, the parties in this case consent to have a United States magistrate judge conduct any and all proceedings in this case, including the trial, order the entry of a final judgment, and conduct all post-judgment proceedings.
Note: Return this form to the clerk of court only if you are consenting to the exercise of jurisdiction by a United States magistrate judge. Do not return this form to a judge.
TO E-FILE THE CONSENT TO MAGISTRATE JUDGE FORM: